Sri. George Baby (President):
The complainant has filed this petition u/s.12 of the C.P. Act 1986 for getting a relief from the opposite parties.
2. The complainant’s case in brief as follows: That the opposite party is the proprietor of the studio named “Aswathy Digital Studio& Video”and functions at BlockPady, Ranni on 30/04/2019. The opposite party had took photographs of the retirement ceremony of complainant’s colleague at Taluk Hospital Ranni. The opposite party had took the photographs having the measurement of 12X5 and charged Rs.3,600/- (Rupees Three Thousand Six Hundred Only) out of which Rs.600/- was for lamination and Rs. 3,000/- was for taking the photographs. In the similar circumstances, prior to this incident the other studios charged only Rs.700/- and the said matter was intimated to the opposite party and then the opposite party stated that in group photos the amount should be fixed on the basis of number of persons appeared in the photograph and insisted for the payment of Rs.3,600/- and accordingly, the complainant paid the said amount. Hence the complainant pray for the returnof excess amount collected by the opposite party along with compensation of Rs.10,000/- for his mental agony and sufferings.
3. The complaint admitted and issued notice to the opposite party but the opposite party had not turned up to contest the matter and hence, declared ex parte on 01/10/2019.
4. On the basis of the complaint this Forum framed the following issues for adjudication.
1. Whether the complaint is allowable or not?
2. Regarding cost and relief?
5. In order to prove this case of the complainant, the complainant filed proof affidavit in lieu of chief examination and he is examined as PW1. Exbit A1 to A3 was also marked in favour of PW1 at the time of his chief examination. Exbit A1 is the receipt dated 02/05/2019 issued by the opposite party. Ext.A2 is the bill dated 31/07/2018 issued by the Pallavi Studio & video Perumpuzha, Ranni. Exbit A3 is the bill dated 31/01/2019 issued by Pallavi Studio & Video Perumpuzha, Ranni of the closure of evident we heard the complaint.
6. Point No.1 & 2:- For the sake of convenience we would like to consider Point No.1& 2 together. The complainant as PW1 deposed more or less as per the tune of his complaint. According to the complainant the opposite party had took photographs on 30/04/2019 on the occasion of retirement ceremony of one of this colleague and laminated two photographs having the size of 12X5 and charged Rs.3,600/- out of which Rs.600/- for lamination and Rs.3,000/- for taking this photographs. The complainant specific contention is that the opposite party had excessively collected the amount. In the similar circumstances other studio’s charged only Rs.700/- for the lamination and taking of photographs having the size of 12X5. In order to substantiate the complainant’s such contention he has produced ExbitA2 and A3 respectively dated 31/07/2018 and 31/01/2019 issued by Pallavi Studio & Video Parumpuzha, Ranni, and convinced this Forum that the said studio has charged only Rs.700/- for taking photos and the lamination of two photographs and lamination of two photographs having the size of 12X5. From Exbit A1 it is clear that the opposite party had collected Rs.3,600/- from the complainant for taking the photographs having the size of 12X5. From this it is discernible that the opposite party had excessively collected an amount of Rs.2,900/- (Rupees Two Thousand Nine Hundred Only) from the complainant. Nothing has been brought out inevidence to discard the contentions of the complainant. When we evaluate the evidence before us we can see that the opposite party and adopted unfair trade practice and committed deficiency in their service. Hence the complaint is allowed Point 1&2 are found in favour of complainant.
7. In the result we pass the following order.
1. The opposite party is directed to refund of Rs.2,900/- (Rupees
Two Thousand Nine Hundred Only) the amount which the
opposite party had collected excessively from the complainant
within one month from the date of receipt of this order falling
which the said amount shall carry 10% interest from the date of
order in its full realization.
2. The opposite party is directed to pay an amount of Rs.7,500/-
(Rupees Seven Thousand Five Hundred Only) as compensation for
mental agony sufferings and imperfections committed by him.
3. It is further ordered that the opposite party him to pay a sum of
Rs.2,500/- (Rupees Two Thousand Five Hundred Only) as cost to
the complainant within 30 days from the date of receipt of this
order. Complaint allowed.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 31stday of October, 2019.
(Sd/-)
George Baby,
(President)
Smt. N. ShajithaBeevi (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1: Sudeep.B,
Exhibits marked on the side of the complainant:
A1: Receipt dated 02/05/2019 issued by the opposite party.
A2: Bill dated 31/07/2018 issued by the Pallavi Studio & video,
Perumpuzha, Ranni.
A3: Bill dated 31/01/2019 issued by Pallavi Studio & Video,
Perumpuzha, Ranni.
Witness examined on the side of the opposite parties:Nil.
Exhibits marked on the side of the opposite parties: Nil.
Copy to:-
1.Sudeep.B,
Senior Clerk,Staff Secretary,Taluk Hospital, Ranni. 2.The Proprietor,
AswathyDegital Studio & Video,Blockpady, Ranny.
(Set Ex parte on 01/10/2019)
3.The stock file.
