IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 26th day of November,, 2021
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
C C No. 07/2021 (filed on 14-01-2021)
Petitioner : Aishwarya Nigil,
W/o. Nigil Mathew,
Nirmal House,
Chandanapally P.O.
Angadickal,
Pathanmthitta – 689648.
Now residing at
‘Aasstha’
Vempally P.O.
Kanakary Village,
Kottayam – 686633.
Rep. by Power of Attorney Holder
Aparna Devi A,
D/o. Achuthan Pillai A.M.
-do
Vs.
Opposite Party : Emilin Mathew Abraham
Owner,
M/s. Eyebrow Weddings,
3rd Floor, Gold Sousk Grande,
Vyttila, Cochin – 682019.
O R D E R
Smt. Bindhu R. Member
The complaint is filed under Section 35 of the Consumer Protection Act, 2019.
The complaint is filed through the power of attorney holder of the complainant. The complainant approaches the opposite party on 11-09-2017 for her wedding photography works. The opposite party offered several packages of video and still shooting album works out of which the package no.4 which includes video and still shooting of both brides and grooms party engagement wedding day for both reception of the wedding for an amount of Rs.2,30,000/- was selected by the complainant. The engagement of the complainant was on 26-10-2017 and the wedding was on 30-10-2017. The reception function was held on 04-11-2017. Though the opposite party had completed the photography works as per the terms and conditions, he has not released the wedding video album yet. On 03-10-2017 the complainant had advanced an amount of Rs.45,000/- towards the entire photography works as per the agreement. On 03-11-2017, she paid Rs.1,40,000/- Rs.10,000/- on 25-03-2018 and Rs.28,500/- on 26-03-2018 after receiving the wedding photos. Thus a total amount of Rs.2,23,500/- was paid and the balance amount will be paid only after the delivery of the video and album. The opposite party even after receiving the said payment has not delivered the wedding video album to the complainant. On several requests by the complainant, the opposite party responded with several unreasonable excuses. As per the agreement, the editing works have completed within 30 to 45 days after the wedding photo selection. The complainant has completed the selection as and when the opposite party gave the soft copy of the album. As per the agreement, on failure of complying the terms the opposite party is liable to refund the money received. The opposite party has failed to deliver the video album as agreed even after two years of marriage in spite of repeated demands made by the complainant. On 10-10-2019, the complainant issued a lawyers notice to the opposite party, but the same was returned back. On enquiry, the complainant came to know that the opposite party was situated in the same address and was intentionally avoiding the receipt of lawyers notice. The above act of the opposite party amounts to deficiency of service and hence the opposite party is liable to compensate for the mental agony and hardships caused to the complainant.
The opposite party though received the notice from this Commission did not care to appear before the Commission or contest the case. So the opposite party is set exparte.
The complainant adduced evidence through proof affidavit and Exts.A1 to A6.
On going through the complaints and evidence on record, we would like to consider the following issues.
- Whether the complainant has established deficiency in service on the part of the opposite party as alleged?
- If so, what are the reliefs entitled to do?
For the sake of convenience, we would like to consider Point No.1 &2 together.
Point No.1 and 2
The complainant alleges that the opposite party has not delivered the photo album and video of her marriage even after 2 years of the marriage. So the complaint is filed for compensation for the mental hardships occurred to her due to the deficiency of service from the part of the opposite parties.
Ext.A1 is the proposal for the project sent by the opposite party by e-mail to the complainant for covering the engagement, wedding and reception (both bride and groom)as package for an amount of Rs.2,30,000/-. Ext.A5 series shows that the complainant had paid a total of Rs.2,13,517/- to the opposite party through her bank account.The complainant further alleges that she had paid Rs.10,000/- as cash also to the opposite party.Thus in total she had paid Rs.2,23,500/- to the opposite party by the time when the opposite party completed the photography work.But there is no evidence before us for the payment of Rs.10,000/-.
Thereafter, despite several request from the complainant, the opposite party did not hand over the album or video as completed. So she sent a legal notice which was returned as addressee left. The complainant herself has pleaded that the opposite party has the habit of changing his address frequently. After the filing of the complaint, when notice was sent by the Commission, the opposite party received the same, but did not appear.
On a detailed perusal of the facts, circumstances and evidences of the complaint, we find that the opposite party has failed to give proper service to the complainant that after receiving the payment he did not hand over the completed photo album and video to the complainant, thus committing gross deficiency in service for which he is liable to compensate the complainant. Hence we allow the complaint vide Order:
- The opposite party is directed to give Rs.2,13,517/- (Rupees Two lakh thirteen thousand five hundred and seventeen only) to the complainant with an interest @ 9% p.a. from 04-11-2017 till realization.
- The opposite party is directed to pay Rs.20,000/- (Rupees Twenty thousand only ) as compensation.
- The opposite party is directed to pay Rs.2,000/- (Rupees Two thousand only) as litigation cost.
The Order shall be complied with within a period of 30 days from the date of receipt of Order. If not complied as directed, the compensation amount will carry 9% interest from the receipt of Order till realization.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Commission on this the 26th day of November, 2021.
-
Sri. Manulal V.S. President Sd/-
Sri. K.M. Anto, Member Sd/-
Appendix
Exhibits marked on the side of the complainant
A1 - Copy of package 4 (Both bride & Groom side engagement wedding
day & reception) issued by opposite party to petitioner
A2 - Copy of lawyers notice dtd.10-10-2019 issued to opposite party
A3 – Postal receipt
A4 – undelivered returned letter (showing addressee left)
A5series – Copy of bank statement in the name of petitioner (3nos)
A6 – Copy of e-mail
Exhibits marked from the side of opposite party
Nil
By Order
Senior Superintendent
