INDIA MART INTERMESH LTD. Vs. RAJANALA NIRMALA

JUDGEMENT

(1.) The present Revision Petition under Sec. 21(b) of the Consumer Protection Act, 1986 (hereinafter referred to as 'Act') has been filed by Indiamart InterMESH Ltd. (hereinafter referred to as the 'Petitioner/Indiamart') against the Impugned Order dtd. 5/2/2020 passed by the State Consumer Disputes Redressal Commission, Panaji, Goa (hereinafer referred to as the 'State Commission') in First Appeal No. 25/2019, whereby, the Appeal filed by the Dr. Rajanala Nirmala (hereinafter referred to as 'Respondent No. 1/Complainant') was allowed.

(2.) Brief facts of the case as per the Complaint are that on 25/7/2018 the Complainant made a payment of ?32,460/- for 4 Single Cots Bed Spacewood Wenge Modular Furniture (for short product) through Indiamart to King Furniture (hereinafter referred to as 'Vendor/Respondent No. 2"). It is the case of the Complainant that Respondent No. 2 had confirmed that they are the dealers of Spacewood Wenge Furniture in India accordingly the Complainant confirmed the order for 4 Single Cots of Spacewood make. Respondent No. 2 delayed delivery of the product even after receiving the full final payment of ? 32,460/- from the Complainant. Due to delay in delivery, the Complainant lodged her first grievance with a representative of Indiamart on 16/8/2018. After several days of delay, the Complainant received 4 Single Cots through Railways for which the Complainant had to bear additional freight cost of ?1,207/-. Upon receiving the product, the Complainant was surprised to see that the product was of cheap plywood quality not of Spacewood material. As the product did not match the description, the Complainant contacted Respondent No. 2 requesting for full refund he assured the Complainant that he will send someone to collect the items, that he will issue refund after receiving the product. However, there was no response from him afterwards the product is lying as unused with the Complainant till date.

(3.) Aggrieved by the above act of the Respondent No. 2 the Petitioner, the Complainant filed Complaint before the District Consumer Disputes Redressal Forum, North Goa (for short District Forum). The District Forum partly allowed the Complaint. The District Forum discharged the Petitioner Indiamart directed the Respondent No. 2 to take back the product return to the Complainant the amount of ? 32,460/- with interest @ 18% p.a. from the date of purchase till final payment within one month of the Order, along with ?25,000/- towards mental agony ?10,000/- as cost of litigation.