IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM
C.C.No. 463/2023
PRESENT
SMT. S.K.SREELA, B.A.L, LL.B, PRESIDENT
SRI. STANLY HAROLD, B.A.LL.B, MEMBER
ORDER DATED: 13.03.2024
BETWEEN
Nizamudeen, Y.K.House,
P.T.Nagar, 206 Kayyalikkal,
Eravipuram P.O., Kollam : Complainant
(New complainant incorporated
as per I.A 79/2024)
AND
Manager (Khayis),
Media Cube Phtography,
Asramam Road, Kadappakkada 691008. : Opposite party
ORDER
Stanly Harold, B.A.LLB, Member
This complaint is filed U/s 35 of the Consumer Protection Act 2019.
After the filing of the complaint, the original complainant unfortunately passed away. Subsequently, the complainant's father filed I.A. 79 of 24 to be impleaded as an additional complainant and to continue with the complaint on behalf of the deceased. This request was made to ensure that the legal proceedings could proceed effectively and to seek justice for the unresolved matter. The Commission heard the application and granted permission for the complainant's father to be impleaded as an additional complainant, allowing the complaint to proceed accordingly.
The averments in the complaint in short are as follows: -
On May 7, 2023, the original complainant (deceased) engaged the services of the opposite party to perform photography and videography for the marriage ceremony of the deceased (bride) and groom. An agreement was reached for a total amount of Rs. 66,000, inclusive of photos, albums, and videos. Initially, the opposite party received Rs. 2,000 as a deposit on the day of ‘save the date’, and the remaining Rs. 62,000 was transferred to the opposite party's bank account by the complainant. At the time of payment, the opposite party assured that the wedding album and video would be delivered within 45 days from the marriage date.
However, the opposite party failed to fulfill their obligation and did not provide the agreed-upon services without offering any justifiable reasons. Despite repeated requests, the opposite party did not deliver any photographs or video graphs of the marriage function to the deceased or their family. When the deceased informed the opposite party of their intention to file a complaint regarding the non-issuance of the agreed-upon services, the opposite party responded with threats to delete the video graphs. The complainant and their entire family experienced significant mental distress due to the negligence and unfair trade practices of the opposite party. The complainant is seeking redress for the financial loss incurred and the mental agony suffered as a result of the opposite party's failure to deliver the promised services. Hence this complaint.
Notice issued to the opposite party from this Commission returned with the endorsement 'intimation given' to the opposite party. Despite receiving this intimation, the opposite party failed to file their version within the stipulated timeframe. As a result, they were set exparte in the proceedings.
The father of the deceased filed affidavit by reiterating the averments in the complaint and got marked Ext.P1 to P2 documents. Ext.P1 is the pay tm transaction for Rs.54,000/- to the opposite party and Ext.P2 is the another paytm transaction of Rs.10,000/- to the opposite party. The opposite party remained absent throughout the proceedings and failed to cross examine PW1.
It is an admitted fact that every bride enters into her married life with lot of expectations and to recapture the sweet memories of marriage and related function, photographs and video albums are inevitable. Now a days, the parents of the both the bride and groom are spending a huge amount for the video and photography. The bride and groom or their family has entrusted the work of video and photo coverage of the marriage with a person based on the trust they reposed upon him. Thus, the opposite party who was entrusted with the work had an obligation to finish and hand over the albums at the earliest. Since state-of-the-art technologies are now available, the preparation and finalization of the work of an album, both photo and video, is not a complicated time consuming process and it can be done within 30 days. In this case, according to the ill-fated young girl, the opposite party had agreed to deliver the completed album within 45 days. However, he failed to fulfill his assurance, putting the innocent girl in distress.
The unchallenged petition submitted by the deceased in her native tongue effectively conveys the humiliation and mental stress she endured due to not receiving the album within the promised time frame. The fact that the deceased was deprived of the opportunity to cherish the beautiful and everlasting memories of her marriage constitutes a clear deficiency in service. Moreover, the willful callousness exhibited by the opposite party cannot be adequately compensated solely in monetary terms; however, an amount of Rs. 2,00,000/- is proposed as compensation for the mental pain and suffering inflicted by the opposite party's deliberate actions.
The actions of the opposite party have not only caused immense mental distress to the complainant's entire family but also subjected the young couple to humiliation before society apart from financial loss. It is a clear case of deficiency in service.
The complainant seeks both the return of the photographs and compensation for the mental agony caused by the negligence, deficiency in service, and unfair trade practices of the opposite party.
In the view of unchallenged averments in the affidavit coupled with Ext.P1 and Ext.P2 the merits of the complaint are clearly established. Therefore, the complaint is allowed and the complainant is entitled to get relief prayed.
Hence, the opposite party is directed to hand over the photographs and video graphs to the complainant or in the alternative an amount of Rs.66,000/- the cost of the same, along with an amount of Rs.2,00,000/- towards compensation and Rs.5,000/- as the costs of the proceedings to the complainant.
Opposite party is directed to comply with the above directions within 45 days from the date of receipt of a copy of this order failing which the complainant can initiate execution proceedings.
Dictated to the Confidential Assistant Smt. Minimol S. transcribed and typed by her corrected by me and pronounced in the Open Commission this the 13th day of March 2024.
Sd/-
STANLY HAROLD
MEMBER
Sd/-
S.K.SREELA
PRESIDENT
Forwarded/by Order
Senior superintendent
INDEX
Witnesses Examined for the Complainant:-Nil
Documents marked for the complainant
Ext.P1 : Paytm transaction for Rs.54,000/- to the opposite party
Ext.P2 : paytm transaction of Rs.10,000/- to the opposite party
Witnesses Examined for the opposite party:-Nil
Documents marked for opposite party:-Nil
Sd/-
PRESIDENT
