Smt. Sangita Paul, Member
This is a case filed by Puspendu Sardar, S/o. Pranab Sardar of Sahajadapur, P.O. – Nimpith Ashram, P.S. – Bakultala, District – 24 Pgs (South), West Bengal, Pin – 743 338 against La Vida, Proprietor, Amlan Patatunda with a prayer to direct the OP to provide all the photos and videos as per agreement to pay Rs.3,00,000/- as compensation to the complainant for mental trauma and agony and monetary loss, to pay Rs.25,000/- as litigation cost..
OP is La Vida. The name of the proprietor of La Vida is Amlan Patatunda. The address of the Registered Business Office is – B/31, Milan Pally, Motilal Colony, Rajbari, Dum Dum, Kolkata, West Bengal, Pin – 700 079.
The complainant, by filing this case, states that the complainant and the OP entered into an agreement for a 3-day wedding photography contract of the complainant’s marriage dated 18.02.2018 and the final consideration amount of that contract was fixed at Rs.70,000/- (seventy thousand) only. They came to know about said “La Vida” through its electronic advertisement on social media.
By virtue of the agreement between the complainant and the OP, the OP agreed to provide certain services such as 1.Two 12x18 inches premium canvera photo book of 25 sheets luster heavy along with all the new photographs. 2.A HD Cinematography Wedding Video around 1 hour with trailer, 3.Pre-Wedding Video around 15 minutes and still photo shoot with around edited 30 pictures along with all new files which has to be delivered before wedding as per agreement. 4.One extra day coverage for the purpose of engagement of wedding couple 5.The opposite party also promised to provide 3 photographers and 2 videographers on 18.02.2018, one photographer and one videographer on 19.02.2018 and two photographer and one videographer for 20.02.2018 for and on exchange of Rs.70,000/- only.
The complainant further states that in spite of repeated promises and/or assurances given by the OP, the OP failed to provide complete service agreed by him as per agreement, such as the OP provided one canvera album, instead of two canvera ablums, the OP provided a cinematographic video less than one hour instead of one hour as agreed in the agreement and the OP also failed to provide all new files and 30 edited pre-wedding photographs which contain the most precious moments of the complainant’s life, not only that the OP sent less photographs of the said event, though the OP has taken the total consideration amount of the contract of Rs.70,000/- only from the complainant.
Replying upon the assurances, the complainant has so far refrained from taking any unpleasant steps for non-providing of the said services, photo albums and videos, but in view of the failure to keep such promises and assurances, the complainant is not prepared to wait any longer as the complainant has been keeping patience soon after his marriage i.e. February, 2018.
Hence, the complainant prays for directing the OPs to provide all photos and videos as per agreement, to pay Rs.3,00,000/- as compensation for mental trauma and agony and monetary loss and to pay Rs.30,000/- as litigation cost.
The instant case was filed on 21.02.2022. On 07.03.2022, the case was admitted. On 13.05.2022 the complainant was directed to take fresh steps. On 21.07.2022, the complainant files hazira along with a copy of newspaper publication. On 05.09.2022, the OP is absent on call. No W/V is filed by the OP. Hence, the case proceeded ex-parte against the OP. On 18.11.2023, the complainant files evidence on affidavit. On 05.01.2023, argument was heard and we proceeded for giving judgement.
Points for consideration :-
- Is the complainant, a consumer?
- Is the OP guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decision with reasons :-
Point No.1:-
On perusal of documents and records, it appears that the complainant hired service from La Vida, an institution dedicated to provide service of photography to its intended customers. The complainant entered into an agreement with the OP for a three day wedding photography contract of the complainant’s marriage dated 18.02.2018 to 20.02.2018. As the complainant paid the consideration amount of Rs.70,000/- he is a consumer u/s 2(7) of the Consumer Protection Act, 2019. Hence, the 1st point is decided in favour of the complainant.
Point No.2:-
The complainant entered into an agreement for a 3-day wedding photography contract with the OP. The complainant’s marriage was scheduled to be held on 18.02.2018. The complainant paid Rs.70,000/-. Being allured by the lucrative advertisement on the inter-net, the complainant contacted with Mr. Amlan Patatunda the proprietor of La Vida for the 3-day wedding programme. The OP agreed to provide service against the payment of Rs.70,000/-. The services included several items. The OP was supposed to provide i. 2 12x18” premium canvera photo book of 25 sheets, filled with all the new photographs, ii. A HD cinematographic wedding video around one hour with trailer iii. Pre-wedding video around 15 minutes and still photo shoot with around 30edited pictures along with all raw files which have to be delivered before wedding as per agreement. Iv. One extra day coverage for the purpose of engagement of wedding couple and v. The OP also promised to provide three photographers on 18.02.2018, one photographer and one videographer on 19.02.2018, two photographers and one videographer for 20.02.2018. The complainant was given money receipt but the service was not provided accordingly. The OP failed to provide complete service agreed by him as per agreement. The OP provided one canvera album instead of two, the OP provided a cinematographic video of less than one hour instead of one hour as agreed in the agreement and the OP also failed to provide all new files and 30 edited pre-wedding photographs which contained the most precious and memorable moments of the complainant’s life. The OP also sent less photograph of the wedding. Though the OP took the full amount of package from the complainant, still he is deficient in providing proper service. Generally wedding is a one-time event in a person’s whole life. Naturally the memorable moments are documented through photographs. So, the complainant did not want to compromise. He paid in full price of the package and expected the proper service. In reality, the contrary happened. The complainant believed in the sweet words of the OP. The OP did not act properly. The amount paid by the complainant was not utilized due to unfair trade practice adopted by the OP.
Hence, the 2nd point is decided in favour of the complainant and against the OP.
Point No:3:-
The complainant is a customer of Amlan Patatunda, the proprietor of La Vida. The complainant contacted with the OP to engage him for taking photographs of the wedding, pre-wedding and post-wedding ceremony. The complainant is deprived of getting proper service. The OP is deficient in providing proper service. The OP did not keep his words. The complainant was harassed, failed to get all the items which he was supposed to get. Relying on the words of the OP, the complainant faced severe problems. All the sweet memories of the wedding ceremony could not be captured according to the words of the OP. The complainant was not provided with satisfactory service. He spent time with mental pain and agony. So, he is entitled to get relief as prayed for.
Hence, the 3rd point is decided in favour of the complainant and against the OP.
In the result, the complaint succeeds.
Hence, it is,
ORDERED
That the complaint case be and the same is allowed ex-parte against the OP with cost of Rs.20,000/- (Rupees Twenty Thousand).
That the OP is directed to pay compensation to the tune of Rs.40,000/- (Rupees forty thousand) with simple interest @ 10% per annum w.e.f. 18.02.2018 till realization within the stipulated period of 45 days.
That the litigation cost of Rs.20,000/- (Rupees Twenty Thousand) is to be paid by the OP within the stipulated period of 45 days.
That the complainant is at liberty to put the order into execution after the expiry of 45 days if the orders are not complied with within 45 days from the date of this order. .
Let a copy of the order be supplied to the parties concerned free of cost.
That the final order will be available in the following website namely www.confonet.nic.in.
Dictated and corrected by me.
Sangita Paul
Member
