By Sri. MOHANDASAN.K, PRESIDENT

1.         The complainant is a teacher under the ministry of education, of government of Maldives in Maldives and he had booked for wedding photography service on his marriage function conducted on 23/12/2020, before the first opposite party shop through its owner, proprietor, and photographer, the second opposite party. The complainant booked the opposite party for consideration of Rs.6,500/- which was paid in cash and the second opposite party has given receipt for the same.

2.         The complainant submitted that at the time of the booking of the wedding photography he had specifically mentioned to second opposite party that he has to take photographs of every moments of the functions  and especially of grooms part and the second opposite party had agreed  and assured  to the complainant that he will capture every moments of complainants marriage function without missing  any of the moments especially of grooms  part and the second opposite party  has also added  that he has long experience  in the field and he has  all the latest equipment’s for the same. Believing the words and assurance of the opposite party complainant availed the service of opposite parties. But contrary to the assurance of opposite parties and to the utter shock and disappointment of the complainant the photographs that delivered by the opposite parties after the marriage function to the complainant were missing most of the important moments of the function. There was not a single photo of the groom (complainant) and the photographs were very poor in quality. The complainant alleges deficiency in service, negligence, unfair trade practice and dereliction of duty on the part of the opposite parties.  The complainant lost special photographs of most special moments of his life irrecoverably. The complainant contacted the opposite parties several times for getting clarification and compensation for the damages caused. But the opposite party neither provided satisfactory explanation nor given any compensation for the same. On 21/01/2021 the complainant has send legal notice to the opposite parties but the same returned unaccepted with the reason endorsed as refused by the addressee, hence returned (അഡ്രസ്സി വാങ്ങാu   വിസമ്മതിച്ഛതിനാv മടക്കി അയക്കുന്നു).

3.         Hence, the complainant alleges deficiency in service and unfair trade practice   against the opposite parties. The complainant submit that he suffered mental agony, financial loss and affected the reputation.  Hence the complainant approached this Commission to refund the entire amount paid to the opposite parties along with compensation of Rs.2,00,000/- and cost of the proceedings.

4.         On admission of the complaint, notice was issued to the opposite parties and the notice was returned stating that the opposite party refused to accept the notice. Subsequently the complainant filed application for taking publication of notice against the opposite parties and accordingly notice was published in daily newspaper of Madhyamam to appear before the Commission on 19/09/2022. But the opposite parties did not turn up and so the name of the opposite parties were called and set exparte .  The complainant filed affidavit and documents. The documents on the side of complainant marked as Ext.A1 to A4. Ext. A1 is copy of registered notice issued by the complainant to the opposite parties. Ext A2 is postal receipts for the issuance of notice to the opposite parties. Ext. A3 is invoice dated 23/06/2020 for payment of Rs.6,500/-.  Ext. A4 is series of photo graphs.

5.         Since there is no contra evidence and the opposite parties remained exparte. the case of the complainant stands proved through the exparte affidavit and documents Ext. A1 to A4. The grievance of the complainant is that he entrusted for wedding photography service to the opposite parties but the opposite parties failed to provide proper service to the complainant. He contended that the photographs delivered after marriage function to the complainant were missing most of the precious moments of the functions.  The photographs are very poor in quality. Ext. A4 series substantiate the same. Hence there is sufficient reason to allow the complaint as prayed in the complaint hence we allow this complaint as follows.

1. The opposite parties are directed to refund Rs.6,500/- (Rupees Six thousand and five hundred only) to the complainant collected towards photography service.
2. The opposite parties are directed to pay Rs.50,000/- (Rupees fifty thousand only) to the complainant as compensation on account of deficiency in service from the side of opposite parties and thereby caused inconvenience and hardship to the complainant. 
3. The opposite parties are directed to pay Rs.10,000/- (Ten thousand only) to the complainant as cost of the proceedings.

The opposite parties shall comply this order within one month from the date of receipt of copy of this order failing which the entire amount will carry interest at the rate of 9% per annum from the date of order to till date of payment.

Dated this 24^th  day of April , 2023.

APPENDIX

Witness examined on the side of the complainant: Nil

Documents marked on the side of the complainant: Ext.A1 to A4

Ext.A1: Copy of registered notice issued by the complainant to the opposite parties.

Ext.A2: Postal receipts for the issuance notice to the opposite parties.

Ext A3: Invoice dated 23/06/2020 for payment of Rs.6,500/-.

Ext A4: Series of photo graphs.

Witness examined on the side of the opposite party: Nil

Documents marked on the side of the opposite party: Nil