Delhi

North

CC/67/2023

ROHIT SHARMA - Complainant(s)

Versus

DEV BANSAL - Opp.Party(s)

20 Aug 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No. 67/2023

In the matter of

Sh Rohit Sharma

S/o Sh. Ram Chander

R/o 1405/08, Mandir Jhajjarwala

Chandni Chowk

Delhi-110006                                                                                                  ...Complainant

v/s

Mr.Dev Bansal

Propriter of Real Tasveer

F-144/D, Main Market

Laxmi Nagar

Delhi-110092                                                                                            ... Opposite party

 

ORDER

        20/08/2024

Ms.Harpreet Kaur Charya, Member

1. The present complaint has been filed by Sh. Rohit Sharma, complainant against Mr.Dev Bansal, proprietor of M/s Real Tasveer, the OP with the allegations of deficiency in services and unfair trade practice. 
2. Facts necessary for the disposal of the present complaint are that on 02/12/2020, the Complainant engaged the OP to cover the wedding functions of his brother, Mr.Varun which were to be performed from 06/12/2020 to 09/12/2020. 
3. It has been alleged by the complainant that OP claims to be a professional videographer and photographer and run his business in the name and style of M/s Real Tasveer.  After negotiations the complainant agreed to avail services provided by the OP to cover the engagement and wedding function.  It was agreed between the parties that OP shall provide

1. Highlight video (12-15 minute)
2. One full wedding video
3. One photo frame for couple
4. One e-invite card

4.  OP quoted Rs. 41,000/- for above mentioned services which also included travelling expenses. OP further quoted additional Rs.10,000/- for photo album.  It has been alleged by the complaint that from time to time the complainant has paid as follows :

1. Rs.11,000/- as a token money through Paytm on 03/12/2020
2. Rs.15,000/- in cash on 14/12/2020
3. Rs.10,000/- through Paytm on 07/07/2021,
4. Rs.5,000/- through Paytm on 08/07/2021
5. Rs.5,000/- case on 26/12/2021
6. Remaining balance of Rs.5,000/- on 18/12/2022

Thus the complainant has paid the entire amount of Rs.51,000/- to the OP.

5. Despite repeated requests in December 2021, the OP only provided photo album and did not provide the video CD of the wedding function. It has been alleged by the complainant that OP on one pretext or the other has failed to handover the video coverage of the wedding function of the brother of the complainant.
6. Later on the complainant was informed that OP has lost his data and is under the process to recover the same.
7. It has been further stated by the complainant that entire family of the complainant is/was emotionally attached with the wedding of his brother and the OP has failed to deliver the video coverage despite receiving the entire consideration.
8. Legal notice dated 17/01/2023 was served upon OP demanding video CD which was neither replied nor complied with despite service.
9. Hence, the present complaint with the prayer for direction to OP to provide edited video CD of the wedding function of Mr. Varun, the brother of the complainant; compensation of Rs.1,00,000/-  towards mental and physical harassment, pain and agony caused to the complainant due to the deficiency in services and unfair trade practice and Rs.25,000/- as cost of litigation.
10. With the complaint the copy of legal notice dated 17/01/2023 alongwith speed post receipt and tracking report; the quotation dated 02/12/2020 from OP; screen shots of whatsapp chat between the complainant and OP have been annexed.

 

11. Notice of the present complaint was issued to OP and the same was duly served. None appeared on behalf of OP despite service, neither any reply was filed on their behalf hence they were proceeded ex-parte vide order dated 20/07/2023.
12. Ex-parte evidence was filed by the complainant reiterating the contents of the complaint He has relied upon documents annexed with the complaint and has got them exhibited as copy of legal notice dated 17/01/2023 alongwith speed post receipt dated 19/01/2023 as Ex.PW1/1 (colly) and tracking report as Ex.PW1/2; the booking/contract detail dated 02/12/2020 as Ex.PW1/3; printout of conversation/whatsapp chat between the complainant and OP as Ex.PW1/4.  .
13. We have heard the submission of Ld. Advocate for the complainant and have perused the material placed on record. As per Ex. PW-1/3, the total amount to be paid for the event coverage was Rs.51,000/-. We have also gone through the whatsapp conversation between the complainant and OP (Ex-PW1/4)  as per which the complainant has shared the payment made to OP and conversation dated 03/01/2023 and he has asked the OP if any due are pending  to which the OP has ignored to respond.   
14.  As OP has been proceeded ex-parte, the allegations made against them have remained unrebutted. The OP also chose to ignore the legal notice dated 17/01/2023issued by the complainant, where the complainant has demanded the video coverage of wedding function.  
15. Even as per Ex.PW-1/4, it is seen that the complaint is constantly following up with the OP for handing over the video coverage of the wedding function. As per conversation dated 12/01/2023 the complainant is informed that the OP is trying to recover the data thus it makes it clear that OP has lost the data of the wedding function and is in the process of recovering it.
16. We have also gone through the booking/contract details (Ex.PW1/3) where the OP pro-claims to deliver outstanding work with best quality standard and also claim:-

“We understand the emotions of the special event happens only once in a life so we try to deliver the best and capture these golden movement to keep it with you for rest of your life as a timeless memory.We are a team of professions which believes in delivering outstanding work with the best quality standard.”.

17. The date of wedding is 09/12/2020 and OP did not share the video coverage even after a lapse of 2 years i.e. by 12/01/2023 despite claiming to be professionalized in photography.
18. Marriage is one of the most important milestones in anyone’s life and photographs and videos are the documented moments which can be cherished and preserved for years.  Complainants had engaged OP for capturing/preserving key moments of their lives and creating memories.   In the present complaint, OP did not deliver the video coverage of the wedding event of the brother of the complainant, which is once in a life time event.   The OP has deprived the complainant and his family from creating memories, which has definitely caused mental harassment and agony to the complainant and his family which cannot be quantified.  However, we feel they are entitled for compensation.
19. Therefore, in the facts and circumstance of the present complaint and in the interest of justice, we direct OP to :-

1. Provide the edited video coverage of the wedding of Mr.Varun, the brother of the complainant within 30 days from the date of receipt of this order.  In case OP fails to handover the video coverage of the wedding of Mr.Varun within the time frame in that case OP shall be liable to refund Rs.51,000/- received on account of event coverage.
2. Rs.50,000/- as compensation on account of mental harassment and  agony
3. Rs.21,000/- on account of litigation expenses.

20. The order be complied within 30 days from the date of receipt of this order.  In case of non-compliance, OP-1 shall be liable to pay interest @9% per annum on (a+b+c)   from the date of order till realisation.

Office is directed to supply the copy of this order to the parties as per rules. Order be also uploaded on the website.  Thereafter, file be consigned to the record room.

 

 

 

(Harpreet Kaur Charya)            Member

(Ashwani Kumar Mehta)                       Member     (Divya Jyoti Jaipuriar)           President