Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 419.
Instituted on : 01.10.2020.
Decided on : 26.10.2021.
Dr. Anju Ahuja, aged 56 years wife of Dr. Markanday Ahuja, resident of H. No.2478, Sector-1, Rohtak.
.......................Complainant.
Vs.
Kuntal Mukherjee, Barqat Studio, Chitranjan Park, New Delhi and also at:
Kuntal Mukherjee s/o Sh. Ajay Mukharjee, H.No.1455, First Floor, Chitranjan Park, South Delhi-1100019.
……….Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
MS.TRIPTI PANNU, MEMBER.
Present: Shri Rajesh Sharma, Advocate for the complainant.
Opposite party exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that the complainant engaged and hired the service of opposite party as a photographer for the auspicious occasion of wedding of her daughter namely, Dr. Amodita with Dr. Abhinav and the wedding functions were scheduled on 13, 17, 18 and 19th November, 2016. The opposite party demanded an amount of Rs.4,23,000/- for clicking photographs, video graphing and preparing of album etc. and assured that he will deliver the album and video after 8-9 weeks of the weeding functions to the complainant. The complainant has paid an amount of Rs.4,00,000/- to the opposite party but opposite party failed to deliver the same to the complainant till date. The complainant requested the opposite party to deliver the same through phone calls, emails and whatsapp messages but opposite party did not pay any heed to the request of complainant. The complainant also served a legal notice dated 8.6.2020 to the opposite party to make compliance of the same within a period of 15 days from the receipt of the notice. The opposite party despite the service of legal notice failed to make compliance. Hence, there is deficiency in service on the part of opposite party. As such, it is prayed that opposite party may kindly be directed to deliver the album and video without any further delay or to refund the amount of Rs.4,00,000/- alongwith interest @ 15% p.a. from the date of wedding to till the date of payment and also to pay an amount of Rs.5,00,000/- on account of harassment and Rs.33,000/- on account of litigation and Rs.1000/- on account of other legal expenses to the complainant.
2. After registration of complaint, notice was issued to the opposite party. Notice sent to opposite party through whatsapp & email and the same was served but none appeared on behalf of opposite party. As such opposite party was proceeded against exparte vide order dated 15.2.2020 of this Forum(now Commission). Thereafter complainant gave another address of opposite party and notice was issued to the opposite party on the another address. As per track record placed on record, it is proved that item delivery was confirmed but none appeared on behalf of opposite party. As such opposite party was again proceeded against exparte vide order dated 13.10.2021 of this Commission.
3. Ld. Counsel for the complainant in his evidence has tendered his affidavit Ex.CW1/A, documents Ex.C1 to Ex.C14 and closed his evidence on dated 01.07.2021.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the party it is observed that as per the complainant, she hired the services of opposite party as a photographer for the purpose of wedding of her daughter Amodita, which was scheduled on 13,17, 18 & 19 November, 2016. Complainant had paid an amount of Rs.400000/- to the opposite party for the purpose of clicking photographs, video graphing, preparing of album etc. and the remaining amount of Rs.23000/- was to be paid on delivery of album and video. As per the whatsapp chat Ex.C5 to Ex.C14 it is proved that the complainant was continuously in contact with the opposite party w.e.f. July 2017 to July 2020 but neither the video nor the album was delivered to the complainant despite her repeated requests due to which complainant suffered a great mental tension and harassment. The ceremonies like wedding comes once in the life of a person and every person have some dreams about celebrations, customs, dresses and much more and everyone wants to make it memorable. So he wants to collect the sweet memories of these functions in the shape of photographs/videography. Such moments cannot be re-created or recollected. By not receiving the photographs and videos of wedding ceremony of her daughter after spending a huge amount of Rs.400000/-, all the dreams of the complainant were shattered and she suffered a huge mental harassment and humiliation. On the other hand opposite party did not appear despite service of notice. As such it is presumed that opposite party has nothing to say in the matter and all the allegations leveled by the complainant against the opposite party about not providing the album and videos of the wedding functions stands proved. As such there is deficiency in service on the part of opposite party and opposite party is liable to compensate the complainant. Though the damage and loss suffered by the complainant cannot be assessed in terms of money, but still we assess it by refunding the amount paid by the complainant alongwith interest and compensation. The date of wedding functions were w.e.f. 13th to 19th November 2016. So we allow the interest after 6 months of 19th November i.e. from 20th May 2017.
7. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party to refund the amount of Rs.400000/-(Rupees four lacs only) alongwith interest @ 9% p.a. from dated 20.05.2017 till till its realization and shall also pay a sum of Rs.50000/- (Rupees fifty thousand only) as compensation on account of deficiency in service and harassment and Rs.10000/-(Rupees ten thousand only) as litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
26.10.2021.
.....................................................
Nagender Singh Kadian, President
..........................................
Tripti Pannu, Member.
