ORDER

BY SRI.H.R.SRINIVAS, PRESIDENT.

This is the Complaint filed by the Complainant U/S Section 12 of Consumer Protection Act 1986, against the Opposite Party (herein referred in short as O.P) alleging the deficiency in service in not handing over the photographs album, videos of the marriage of his daughter as agreed to by the OP and thereby negligence on the part of OP and hence for damages of Rs.2,25,000/- spent towards obtaining the same and for negligence on the part of OP and for expenses of the litigation along with interest at 18% p.a., and for other reliefs as the Commission deems fit.

2.      The brief facts of the complaint are that;

The OP is a professional photographer engaged by the Complainant to get his daughter’s engagement pre-wedding shoot and marriage photographs to obtain through photography and video graph on 19.08.2018, 22.09.2018, 18.10.2018 in respect of engagement, pre-wedding shoot, Haldi function, reception and muhurtham.  

3.      OP agreed to get the said work executed with competency for Rs.84,000/- out of which complainant paid and OP received Rs.72,000/- on various dates through bank transfer and through cash payments.

4.      It is stated that even after one and half years of the said event OP did not deliver the photo album, brief video full length video of the entire engagement and wedding event.  After the wedding, OP sought for the selection of the background music for the video and the complainant selected and sent to OP via whatsapp.   After repeated follow ups OPs delivered one video in respect of reception event only in which the songs used were not selected by the complainant and the quality of the video was also bad.  After repeated follow up OP only shared soft copy of few photographs compiled meant for albums.  Inspite of the complainant selecting the photographs to be printed and put in the album even after year of selection OP did not get it printed and delivered inspite of repeated messages and calls done by the complainant and his daughter. 

5.      At the time of accepting the contract of work, OP gave a rosy picture of his work and induced the complainant to pay the money, whereas after receiving the money did not execute the work properly and only with an ulterior motive to cheat the complainant and to make wrongful loss did not complete the work.  Complainant and his family members were put to unnecessary inconvenience, loss of reputation and financial loss, which is due to the deficiency of service on the part of OP and also negligence, which put the complainant to untold hardship and agony.  A legal notice was issued to the OP calling upon him to refund Rs.72,000/- paid along with Rs.1,50,000/- as he has incurred loss of reputation, mental agony and inconvenience and hence prayed the commission to allow the complaint.

6.      Upon the service of notice, OP appeared before the Commission but did not file any version. During the pendency of the proceedings as per the order sheet, OP was directed to provide the album and blue-ray video and the complainant submitted that he has received the photos and videos except the video of muhurtham.  OP submitted that the video in respect of the muhurtham has become corrupt and he will try to rectify the same and provide a short video and further submitted that the non-availability of the video in respect of the muhurtham of the daughter of the complainant and that he is ready to provide the photos and albums in respect of the muhurtham and the complainant submitted that the video in respect of the muhurtham was not received, whereas he received photography muhurtham.  Hence prayed the Commission to dismiss the complaint.

7.      In order to prove the case, both parties filed their affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1) Whether the complainant has proved deficiency in service on the part of the Opposite Party?

2) Whether the complainant is entitled to the relief prayed for in the complaint?

8.     Our answers to the above points are:-

POINT NO.1:            In the Affirmative

POINT NO.2:            Partly in the affirmative.

                                For the following.

REASONS

9.     POINT No.1 AND 2:-

On perusing the evidence adduced by both the parties it is not in dispute that the OP agreed to get the photographs, video graphs in respect of the marriage of the daughter of the complainant.  It is the specific case of the OP that except the video of the muhurtham all the photographs, videographs and the album in respect of other marriage functions were handed over and that he is not in a position to provide the videograph of the muhurtham function as the same has got corrupted. In view of this though negligence can be attributable to the OP, we are of the opinion that the same is not either intentional or purposefully done.  Hence we hold that there is negligence on the part of the OP in his endevour to get the marriage events covered through photographs and videos.

10.    It is admitted that only Rs.72,000/- was paid to the OP, whereas the contracted amount is Rs.84,000/-.  Complainant has sought damages of Rs.1,50,000/- and further refund of Rs.72,000/- paid towards the professional charges of the OP.  No documentary evidence has been produced to prove financial loss.  Whereas one can understand the feelings of the parent who lost the important moments of the marriages of their son/daughter.  Inspite of it, he has to solace himself as he has got atleast the photographs of the muhurtham event. In view of this we are of the opinion that if a sum of Rs.25,000/- is awarded as compensation for the suffering suffered by the complainant in respect of not getting the video of the muhurtham would be just, proper and reasonable under the circumstance besides directing OP to pay a sum of Rs.5,000/- towards litigation expenses. Complainant to pay the balance of professional fee of Rs.12,000/- to the OPPOSITE PARTY within 30 days or can get mutually adjusted and answer point No.2 partly in the affirmative and pass the following;

ORDER

1. Complaint is allowed in part with cost.
2. OP is directed to pay a sum of Rs.25,000/- towards compensation for the sufferance of the complainant.
3. OPPOSITE PARTY is further directed to pay a sum of Rs.5,000/- towards litigation expenses.
4. Complainant is directed to pay the professional fee of Rs.12,000/- to the OPPOSITE PARTY within 30 days or can get mutually adjusted.
5. Both the parties are directed comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this Commission within 15 days thereafter.
6. Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order failing which the same will be weeded out/destroyed.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 4^TH DAY OF MARCH 2022)

MEMBER                                PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: The Quotation given by OP

Ex P2: Receipts for having transferred the amount

Ex. P3: Whatsapp conversation

Ex P4: Copy of the legal notice

Ex P5: Postal acknowledgement and return of the notice

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: Sri.Shekar S.

Copies of Documents produced on behalf of Opposite Party/s

Ex R1: Photograph details

Ex R2: Receipt for having received the amount

Ex R3: Receipt issued by Data Storage Solutions

MEMBER                                        PRESIDENT

HAV*