Delhi

North East

CC/15/2017

RAJESH KUMAR - Complainant(s)

Versus

LUCKY DIGITAL PHOTO STUDIO - Opp.Party(s)

14 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 15/17

In the matter of:

 

		Rajesh Sharma S/o Sh. Thakur Das R/o House No. 346, Gali No. 12, Village Mandoli, Delhi-93.		Complainant
		Versus
	1.	Lucky Digital Photo Studio Through its Proprietor Sunil @ Laxman B-73, Gali No. 1, Rajiv Nagar Near Gayatri Public School, Po- Nandnagri- Delhi-93.   Also at: 341, Gali No. 12, Pal Gali Village Mandoli, Delhi-93.		Opposite Party
			DATE OF INSTITUTION:		12.01.2017
			JUDGEMENT RESERVED ON :		10.11.2017
			DATE OF DECISION      :		14.11.2017

 

 

N.K.Sharma, President:-

Ms. Sonica Mehrotra, Member:-

 

Order by Ms. Sonica Mehrotra, Member:-

 

 

ORDER

1. Briefly stated the case of the complainant is that the complainant had hired the OP who claims to be professional photographer and videographer for covering the marriage ceremony of the complainant for a total consideration of Rs. 15,000/-. The complainant was assured by the OP for best service              and 250 photograph and video DVD for the said consideration amount. The complainant paid an advance sum of Rs. 1000/- vide receipt No. 2740 dated 14.5.2016 to the OP. The marriage ceremony of the complainant was solemnized on 2.12.2015 and in which ceremony several photograph and videography was done by the OP. The complainant further submitted that he paid a sum of Rs. 10,000/- on his wedding day to the OP and the balance amount was to be paid after receiving the photograph and DVD of his marriage which the OP had promised to give within next 10 days. The complainant submitted that the OP did not handover the photograph and DVD to the complainant despite several visits and requests personally and telephonically. OP further demanded a sum of Rs. 1500/- which was paid by the complainant. But the OP despite receiving a total amount of Rs. 12,500/- paid no heed to the request of the complainant. The Complainant has further submitted that the OP had issued a receipt dated 9.3.2016 stating and acknowledging receipt of Rs. 12,500/- from the complainant against the total booking amount of               Rs. 15,000/- and the said receipt was signed by the OP in presence of two witnesses. The OP was making accuses for not delivering photographs and DVD and therefore the complainant was constrained to serve upon the OP legal notice dated 27.4.2016 through his counsel but to no avail. The complainant submitted that the OP has caused loss to the complainant because the OP had clicked the memorable moments of the marriage of complainant which cannot be re played in the life of the complainant and the complainant has been deprived of enjoyment of marriage photograph and DVD. Therefore, the complainant has filed the present complaint before this forum alleging deficiency in service and praying that the OP be directed by this forum to:

1. Handover photograph and DVD of the marriage dated 2.12.2015 to the complainant or in alternative pay a sum of Rs. 12,500/- alongwith interest @ 18% p.a. from 14.5.2015 till its realization.
2. Pay compensation of Rs. 50,000/- on the account of mental harassment and loss of enjoyment.
3. Pay an amount of Rs. 21,000/- towards litigation expenses.

 

2. Notice was issued to the OP and despite service effected upon the OP on 3.2.2017, the OP failed to appear or put forth any defence before this Forum and therefore OP was proceeded against Ex-parte on 30.3.2017.
3. Ex-parte evidence by way of affidavit as well as written arguments were filed by the complainant.
4. We have heard the arguments on behalf of the complainant and perused the material placed on record. It is evident from the documentary evidence placed on record by the complainant and non rebuttal thereto by the OP due to absence from the proceeding that it is clear and very unfortunate case of deficiency in service and is manifest of highly unprofessional and grossly callous approach on the part of OP. Marriage ceremony is once in a life time event and is memorized only by photographs and video DVD made with respect thereof which the complainant was deprived of due to gross misdemeanor on the part of OP despite receiving 80% of the total consideration amount for the same on different occasions from the complainant but the OP still failed to handover the photograph and DVD of complainant’s marriage till date without assigning any reason whatsoever.
5. In the facts and circumstances of the case we hold the OP guilty of deficiency in service for failure to honor the commitment of providing photograph and DVD of the complainant marriage to him despite receiving and acknowledging a major portion of the consideration. Accordingly, we now direct the OP to handover photograph and DVD of the marriage dated 2.12.2015 to the complainant or in the alternative pay a sum of Rs. 12,500/- alongwith interest @ 8% from the date 9.3.2016 (i.e. date of acknowledgement receipt of                 Rs. 12,500/-) till realization. We also award a compensation of Rs. 10,000/- on the account of mental harassment and physical pain, deficiency in service, loss of enjoyment and Rs. 3,000/- towards cost of litigation within 30 days from the date of receipt of copy of this order, failing which the OP shall be liable to pay interest @ of 12% p.a. from the filing of the complaint till realization.        
6. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7. File be consigned to record room.

(Announced on 14.11.2017)                                                                                    

(N.K. Sharma) President

(Ms. Sonica Mehrotra)             Member