By Sri. MOHAMED ISMAYIL C.V., MEMBER
The averments of the complainant is as follows:-
1. The complainant is working as a teacher in a private college at Mangalore. On 23/04/2023, the marriage of the complainant was solemnised with Mr. Krishna PS at Rose Lounge auditorium, Malappuram. The complainant had entrusted the photoshoot and videography of pre wedding and wedding ceremonies with the opposite party. The opposite party had agreed to picturise the wedding and pre wedding ceremonies for Rs. 60,000/- (Rupees Sixty thousand only). The booking was done on 17/02/2023 through Instagram page of the opposite party. On the basis of agreement, the complainant remitted Rs. 10,000/- to the opposite party as advance. But unfortunately, due to accident occurred to the groom, the photo shoot programme of pre wedding ceremony was cancelled. Subsequently on 21/04/2023 the opposite party had picturizsed the photo shoot at the area round of the Temple and on 22/04/2023 the opposite party picturised photoshoot of Mehendi and Haldi programmes and on 23/04/2023 the opposite party had picturised of wedding ceremony. The opposite party also picturised dance programme of the family members of the complainant held after solemnization of the marriage.
2. It is alleged by the complainant that the opposite party did not contact the complainant or her family members to discuss about the programmes scheduled to be held in connection with wedding ceremony. On the day of marriage, the mother of the complainant had given Rs. 30,000/- to the opposite party. It is alleged that the opposite party did not hand over photos of wedding ceremony in the evening of wedding day as promised. The complainant repeatedly attempted to contact the opposite party to get photographs of wedding ceremony. But the opposite party failed to respond properly. The opposite party did not make any arrangement to select photographs for album even though the complainant made tedious efforts for the same. It is alleged that the opposite party negligently handled pen drives containing photographs of wedding ceremony by sending the same through unknown persons on 26/05/2023. It is averred by the complainant that she had suffered mental agony and hardship due to the act of the opposite party as the opposite party failed to handle pendrives in responsible manner. The photographs served though pendrive were rough images without editing and also lacking photographs of important occasions of wedding ceremony. The complainant had selected photographs from the items given by the opposite party and copied the same into another pendrive owned by the complainant for making album. The opposite party had collected the pendrive of selected photographs from the complainant but did not make album as promised. The complainant had compelled to make trips from Mangalore to her native place in order to get the album and video of the wedding ceremony from the opposite party. But unfortunately, the opposite party failed to hand over album and video of wedding ceremony teaser video and highlights video to the complainant. Finally, the complainant had approached police authority. On the basis of interference of police authority, the opposite party had made assurance to hand over album, videos and highlights of wedding ceremony on or before 12/10/2023. But the opposite party failed to provide the articles as promised under the pretext that some of important photographs were missing from him. On the basis of request made by opposite party the complainant had sent photographs of wedding ceremony in another pen drive to the address of the opposite party. But the opposite party did not provide articles to the complainant and opposite party continued to act negligently towards the request of the complainant. On 14/10/2023 the opposite party had sent teaser video having length of 55 seconds in MP4 format, and highlights video having length of 5 minutes and 36 seconds. But it is alleged by the complainant that the received items were poor in quality. It is alleged by the complainant that work done by the opposite party was poor in quality and was in unskilled manner. The opposite party ignored the proposals of the complainant and irresponsibly handled the recommendation of the complainant in connection with video and album making of wedding ceremony. On 08/12/2023 the opposite party and handed over a pendrive to the parents of the complainant stating that same was containing album, mini album and video of wedding ceremony. But the opposite party did not hand over the pendrives of the complainant to her parents, instead given other pendrives under the manoeuvre of same that of the complainant. So the complainant had directed her parents to give only Rs. 10,000/- to the opposite party instead of balance Rs. 20,000/-. It is alleged by the complainant that original pen drives of the complainant was irrecoverably lost from the opposite party. On 25/12/2023 the opposite party did not contact the complainant as agreed and also did not hand over original pendrives of the complainant. On the same day the complainant examined the pendrive given by the opposite party to her parents. Shockingly, it was containing teaser video having length of 55 seconds and highlights video of having length of 5 minutes 36 seconds. The pendrive handed over on 08/12/2023 by the opposite party did not contain album, mini album or video of wedding ceremony. The complainant had contacted opposite party and submitted her grievances, but the opposite party informed that as per the package availed by the complainant there will not be full length video of wedding ceremony. It is averred that as per the package availed by her the opposite party had promised to make videograph of wedding ceremony. The act of the opposite party had caused mental agony and hardship to the complainant. The complainant also suffered financial loss due to the negligent acts of the opposite party as she was reached at native place after availing leave on loss of pay. The complainant has prayed for directions to the opposite party to provide a full length video of wedding ceremony and to return back 2 pendrives immediately. The complainant also prayed for a direction to pay Rs. 9,00,000/- (Rupees Nine Lakh only) as compensation if the opposite party is failed to hand over the video of the wedding ceremony and to return back 2 pendrives.
3. The complaint is admitted and issued notice to the opposite party. The complainant received notice but did not turn up and also failed to file version. Hence the Commission set the opposite party as exparte. The Commission proceeded the matter with evidence of the complainant.
4. The complainant filed affidavit in lieu of evidence. The documents produced by the complainant is marked as Ext A1 to A3 documents. Ext A1 document is the copy of Google Pay screen shot showing payment of Rs. 10,000/- to the opposite party. Ext A2 document is the copy of Whatsapp messages showing undertakings of the opposite party to make videograph and picturise the photo shoot of wedding and pre wedding ceremonies of the complainant. Ext A3 series documents are the communication made between the complainant and the opposite party.
5. Heard the complainant in detail. Perused documents and affidavit. The Commission considered the following point to adjudicate the matter:-
- Whether the acts of the opposite party is amounted to deficiency in service?
- Relief and cost?
6.Point No.(i) & (ii):-
The Commission is considering both points together as those are interconnected to each other. It is argued by the complainant that the opposite party had agreed to videograph and photograph the functions of pre wedding and wedding ceremonies of the complainant. Accordingly, the complainant paid Rs. 10,000/- as advance and Ext. A1 document produced in that regard. It is argued by the complainant that the opposite party had taken video and photographs of wedding ceremony on 23-04-2023, and its related functions of like Mehendi as well as Haldi and photoshoot at temple area. But the opposite party did not hand over video and albums of wedding ceremony to the complainant. It is argued that the complainant had made repeated request to get the video and albums as promised by the opposite party. It is further argued that the complainant has paid a total of Rs.50,000/- to the opposite party for availing the articles as promised by the opposite party. It is argued that the opposite party had agreed to depict photoshoots and video of wedding ceremony and related functions as per Ext.A2 document. It is argued that the opposite party did not complete the work as undertaken by him and thereby committed deficiency in service and causing mental agony and financial loss. There is no contra evidence available against the pleadings of the complainant
7. In the analysis of evidence availed for scrutiny, it can be seen that the opposite party had agreed to make video, album of photographs, highlights video and teaser video of wedding ceremony as well as pre wedding ceremony of the complainant for Rs. 60,000/-. But pre-wedding ceremony was cancelled due an accident of the groom of the complainant. It has also come out in evidence that the complainant had remitted a total of Rs. 50,000/- to the opposite party. The allegation raised by the complainant is that the opposite party has failed to hand over full length video of wedding ceremony and two pendrives owned by the complainant. The Commission find that as per Ext.A2 document the opposite party had agreed to take photoshoot at area around temple, Mehendi and Haldi functions, wedding teaser, cinematic video and wedding ceremony coverage etc. But the opposite party failed to hand over those album and video as per agreement. Ext.A3 series document is the Whatsapp communication made between the complainant and the opposite party on various occasions. Ext A3 series documents would also show that the opposite party has acted negligently towards the lawful demand of the complainant. The Commission find that the opposite party had committed deficiency in service towards the complainant. The importance of video and photographs of wedding ceremony is highly precious to the complainant. The complainant has got every right to have those albums and video with her as every moment of her wedding ceremony is most precious to the complainant. It has also come out in evidence that the complainant is working as a teacher in a private college at Mangalore and she was compelled to make frequent visits to her permanent address for collecting the video and albums of photographs on the basis of request made by the opposite party. But the efforts of the complainant became futile as the opposite party had negligently treated the complainant and failed to hand over those articles. The act of the opposite party is amounted to deficiency in service. So the opposite party is liable to pay compensation to the complainant as well as return of two pendrives collected by him under the manoeuvre of selected photographs for album making.
8. In the complaint, the complainant has prayed for direction to the opposite party to provide a full length video of wedding ceremony and return back 2 pendrives immediately. As an alternative, the complainant also prayed for direction to pay Rs. 9,00,000/- (Rupees Nine Lakh only) as compensation if the opposite party is failed to hand over fill length video of wedding ceremony and return back two pen drives. The Commission consider that claim of Rs.9,00,000/- as compensation is an exorbitant amount. Moreover, the complainant did not submit details of loss of earning and the cost incurred for trips from Mangalore to her native place. But at the same time the Commission find that the demand of full length video of her wedding ceremony and two pendrives by the complainant is to be reckoned by this Commission. If the opposite party is failed to hand over those articles immediately to the complainant, opposite party is liable to pay Rs. 1,00,000/- as compensation for the loss of precious articles. The Commission find that the opposite party is also liable to pay Rs.50,000/- to the complainant as compensation for the sufferings of mental agony and inconvenience caused due to the deficient act of the opposite party. More over the opposite party is liable to pay Rs. 5000/- to the complainant as the cost of the proceedings. In the light of the discussions made above the Commission allow the complaint in the following manner:-
- The opposite party is directed to hand over full length video of wedding ceremony including all photographs of the functions covered as per agreement and also handover two pen drives collected from the complainant within 30 days of time from the date of this order. If the opposite party is failed to handover the above said articles to the complainant within the stipulated period then the opposite party is liable to pay Rs.1,00,000/-(Rupees One lakh only) as compensation for the same.
- The opposite party is directed to pay Rs.50,000/-(Rupees Fifty thousand only) to the complainant as compensation for the sufferings of mental agony and inconvenience caused due to the acts of the opposite party.
- The opposite party is directed to pay Rs.5000/-(Rupees Five thousand only) to the complainant as cost of the proceedings.
The opposite party shall comply this order within 30 days from the date of this order otherwise entire amount shall carry interest at the rate of 9% per annum from the date of this order till the date of realisation.
Dated this 30th day of April, 2024.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1 to A4
Ext A1 : Document is the copy of Google Pay screenshot showing payment of Rs.
10,000/- to the opposite party.
Ext A2 : Document is the copy of Whatsapp messages showing the undertakings of
the opposite party to video graph and picturise the photo shoot ofwedding and prewedding ceremonies
of the complainant.
Ext A3: Series documents are the communication made between the complainant
and the opposite party.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
