Andhra Pradesh

Chittoor-II at triputi

CC/62/2018

P.Venkatasubbaiah, S/p. P.V.Ramanaiah, aged 69 years. - Complainant(s)

Versus

G.Krishna Moorthi - Opp.Party(s)

in person

13 Feb 2019

ORDER

Filing Date: 01.10.2018

Order Date:13.02.2019

 

 

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

CHITTOOR AT TIRUPATI

 

 

      PRESENT: Sri.T.Anand, President (FAC)

               Smt. T.Anitha, Member

 

 

 

WEDNESDAY THE THIRTEENTH DAY OF FEBRUARY, TWO THOUSAND AND NINTEEN

 

 

 

C.C.No.62/2018

 

 

Between

 

 

P.Venkatasubbaiah,

S/o. P.V.Ramanaiah,

Hindu, aged 69 years,

A.E.O., Retired TTD,

Plot No.140, L.S.Nagar,

S.V.University,

Tirupati – 517 502,

Chittoor District.                                                                              … Complainant.

 

And

 

 

Sri. G.Krishna Moorthi,

Cell No.9000082484,

Sri Teja Digital Studio & Video,

D.No.12-3-191, Tilak Road,

Near Karimariyamma Temple,

Tirupati – 517 501.                                                                          …  Opposite party.

 

 

 

 

            This complaint coming on before us for final hearing on 31.01.19 and upon perusing the complaint and other relevant material papers on record and on hearing Sri.P.Venkata Subbaiah, party-in-person for complainant, and opposite party remained exparte, and having stood over till this day for consideration, this Forum makes the following:-

ORDER

DELIVERED BY SRI. T.ANAND, PRESIDENT (FAC)

ON BEHALF OF THE BENCH

           

            This complaint is filed under Sections –12 and 14 of C.P.Act 1986, with the following allegations -  

            2.  The complainant engaged the opposite party for taking photos and videos at the betrothal function and marriage of his daughter to be held on 29.01.2016, 24.03.2016 and 25.03.2016 respectively. The opposite party agreed for the same and received advance payment of Rs.9,000/- on 31.01.2016. The betrothal and marriage functions held at Srinivasa Kalyana Mandapam No.1 and Sri Padmavathi Kalyana Mandapam Block-3, Tiruchanoor Road, Tirupati. The details of marriage photos and videos, and the price is mentioned below:

Karuneer Album (12x35) size
Minimum Sheets      30 x Rs.350/-   …	Rs.10,500-00
Cover page (1)          01 x Rs.1050/- ...	Rs.  1,050-00
	Rs.11,550-00
(HD)  Video with mixing                      …	Rs.  8,000-00
Family photo (1)                             …	…..
Total           …	Rs.19,550-00

 

            and further the complainant submits that he bargained the opposite party for reduction of the above rates and he considered as follows:

30 sheets cost and
Photo cover page                                 …	Rs.11,500-00
HD Video – 1                                      …	Rs.  6,000-00
	Rs.17,500-00
Less (-)                                                …	Rs.500-00
Total                …	Rs.17,000-00           Total     Rs.17,000-00
	Advance    Rs.  9,000-00
	Balance      Rs. 8,000-00

 

The complainant contends that the opposite party received Rs.2,500/- from him on 25.03.2016 at Sri Padmavathi Kalyana Mandapam, and further the opposite party told him that on or before 31.05.2016 photos and videos will be handed-over to the complainant. On 30.05.2016 complainant approached opposite party and asked him to handover the marriage photos and videos, but the opposite party postponed on the ground that the work is not yet completed and further promised to handover the same on or before 30.09.2016. But thereafter the opposite party did not respond. The opposite party received Rs.25,000/- from complainant on 22.04.2017 in the presence of one Sri.S.V.Srinivasan, Retired AEO, TTD, at 1.10 p.m. in the opposite party photo studio, towards betrothal and marriage function photos and videos, for which opposite party issued acknowledgement in a white paper on 22.04.2017. The complainant and third party insisted opposite party to give acknowledgement in photo studio letter head by affixing rubber stamp and seal, but the opposite party told them that he is not maintaining any letter head. He further submitted that opposite party gave small size printed cover to the complainant to convince him that he is running photo studio. The opposite party thus received total sum of Rs.36,500/- in total (Rs.9,000/- on 31.01.2016, Rs.2,500/- on 25.03.2016 and Rs.25,000/- on 22.04.2017 respectively), but opposite party failed to deliver the photos and videos to him. He caused legal notice to opposite party on 29.06.2018. But the opposite party having received Rs.36,500/-, failed to deliver the photos and videos as agreed nor did he gave reply to the notice. Even in the house also there was fighting between him, his son-in-law and daughter, as photos and videos were not given to them. The complainant therefore suffered mental agony on account of the attitude of opposite party. The complainant therefore demanded Rs.1,00,000/- towards compensation for deficiency in service apart from direction to the opposite party to handover the photos and videos of betrothal and marriage functions of his daughter. The complainant is ready to pay the agreed balance amount towards photos and videos to the opposite party. Hence the complaint.

3.  The opposite party remained ex-parte.

4.  The complainant himself got examined as P.W.1 and also examined one Smt.D.Sarojamma and Sri.S.V.Srinivasan, as P.W.2 and P.W.3, and got marked Exs.A1 to A9.

5.  The point for consideration is whether there is deficiency in service on the part of opposite party? If so, to what extent the complainant is entitled for the reliefs sought?

6.  Point:-  The complainant marked Ex.A1 to show that opposite party has received Rs.9,000/- towards advance amount on 29.01.2016, for coverage of video and taking photos at the betrothal and marriage functions of complainant’s daughter. It is not a stamped receipt. It is the contention of complainant that as per Ex.A2, he paid Rs.25,000/- to the opposite party, but Ex.A2 is only a white paper, wherein it is written ‘Hand receipt dt:22.04.2017 for Rs.25,000/- only’, but there is no signature of the recipient of the amount. Some details are written in Ex.A2, but it has no evidentiary value in our view because the same is not signed by the opposite party. Ex.A3 is registered legal notice dt:29.06.2018 to opposite party demanding compensation of Rs.1,00,000/- and to deliver the photos and videos. The contents in Ex.A3 shows that the opposite party in total received Rs.36,500/- and failed to supply the photos and videos taken in two functions i.e. betrothal and marriage  of complainant’s daughter. Ex.A4 is postal receipt filed in order to prove that Ex.A3 was issued to opposite party. Ex.A5 is two small covers printed as ‘Digital Studio and Video’. Ex.A6 is track consignment showing that legal notice was delivered to opposite party on 30.06.2018. Ex.A7 is proceedings of TTD issued in favour of daughter of the complainant, informing about allotment of kalyana mandapam for the betrothal and marriage fucntions. Ex.A8 is marriage invitation card of complainant’s daughter. Ex.A9 is out patient card relating to P.W.1. The same is filed to prove that he had taken treatment in SVIMS, Tirupati.

7.  We have gone through the documents and the written arguments filed by the complainant. The opposite party remained exparte. The contention of the complainant is that he filed affidavits of P.W.2 and P.W.3, in order to show that the amounts as stated by P.W.1 in the chief affidavit were received by opposite party in their presence.  P.W.2 is one D.Sarojamma, and she filed affidavit stating that complainant paid Rs.9,000/- on 31.01.2016 to opposite party, as advance payment in her presence at 1.30 p.m., at the house of the complainant towards charges for taking betrothal and marriage function photos and for video coverage, in connection with P.W.1 daughter marriage to be held on 29.01.2016, 24.03.2016 and 25.03.2016 at Srinivasa Kalyana Mandapam No.1 and Sri Padmavathi Kalyana Mandapam Block No.3 at Tirupati respectively. She asserted that the transaction took place on 31.01.2016 at 1.30 p.m., in her presence, in the house of the complainant. Further, she stated that the opposite party gave one passport size photo cover to P.W.1, for identification of his photo studio, and on the cover it is printed as ‘Digital Studio and Video’. P.W.3 S.V.Srinivasan, in his affidavit stated that complainant paid Rs.25,000/- to opposite party on 22.04.2017 towards charges for taking photos and for video coverage by opposite party. His evidence is also on the same lines as that of P.W.2. He also asserted that complainant paid the said amount to opposite party in his presence in the photo studio of opposite party on 22.042017.

8.  The complainant submitted that he is ready to pay the balance amount to the opposite party. There is no evidence on record to show that for how much amount opposite party agreed to take photos and videos for the betrothal and marriage functions of P.W.1 daughter. The documents said to have been filed did not contain the signature of opposite party. In the absence of proper receipts passed by opposite party, it cannot be said that the opposite party has received amount from P.W.1 for taking photos and coverage of videos at the functions as stated by P.W.1. The oral testimonials of P.W.2 and P.W.3 cannot be believed in the absence of proper receipts passed by opposite party. Exs.A1 and A2 have no evidentiary value. Hence, we hold that the complainant failed to prove that he is a consumer within the meaning of Section-2(i)(d) of C.P.Act, and therefore complaint is liable to be dismissed.                    

9.  In the result, complaint is dismissed. No costs.                  

 

Dictated to the stenographer, transcribed and typed by him, corrected and pronounced by me in the Open Forum this the 13^th day of February, 2019.

 

       Sd/-                                                                                                                      Sd/-                                   

Lady Member                                                                                               President (FAC)

 

APPENDIX OF EVIDENCE

 

 

Witnesses Examined on behalf of Complainant/s.

 

PW-1: Sri P. Venkata Subbaiah (Chief Affidavit filed).

PW-2: Smt. D. Sarojamma (Chief Affidavit filed).

PW-3: Sri S.V. Srinivasan (Chief Affidavit filed).

 

Witnesses Examined on behalf of Opposite PartY/S.

 

RW-1:                                                                                     NIL

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Original copy of a hand written document dated: 27.01.2016/31.01.2016 agreed by the opposite party for the work of making photos and videos charges and also an advance receipt for Rs.9,000/- only filed by the complainant.
	Original copy of a document of hand written receipt Dt: 22.04.2017 for an amount of Rs.25,000/- only issued in a white paper by the OP  filed by the complainant.
	A document of office copy of the Legal Notice Dt: 29.06.2018 issued to the opposite party filed by the complainant.
	A document of Postal Receipt Dt: 29.06.2018 bearing No.RN590556464IN filed by the complainant.
	A document of one small size (2 ½ x 3 ½ inches) cover of Sri Theja Digitals Photo Studio, Tirupati filed by the complainant.
	Photo copy of Postal Track Consignment (RN590556464IN) regarding delivery of registered Legal Notice to the opposite party. Delivered on 30.06.2018.
	Original copy of Proceedings Dt: 29.12.2015 issued by the Dy. Executive Officer (SPRH), TTD, Tirupati regarding Allotment of Kalyanamandapams.
	Original copy of Wedding Card in respect of P.S. Poornima on 25.03.2016.
	Original copies of SVIMS outpatient cards Dt: 08.07.2016, 25.10.2016, 31.01.2017,14.02.2017, 25.02.2017, 23.05.2017, 17.04.2018 and 02.10.2018.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

NIL

 

                                                                                                                        Sd/-       

                                                                                                                President (FAC)

     // TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

          Dist. Consumer Forum-II, Tirupati.

 

  Copies to:-   1.  The complainant.

                        2.  The opposite party.