DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB   : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Wednesday the 21^st day of June 2023

CC No. 167/2023

Complainant

      Viswanathan

      S/o.Appu Nair,

     Pazhaya Koyiloth,

     Dwaraka(H)

     Moodadi – P.O,

     Kozhikode.

Opposite Party

     The Manager

     Papparasy Wedding Photography Studio,

     Athanikkal,

     Kannur Road,

     Kozhikode-673 005.

ORDER

By Sri. P.C. PAULACHEN – PRESIDENT 

           This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

In connection with the marriage of his daughter, the complainant engaged the opposite party for taking the wedding photography. For that purpose, a sum of Rs.13,800/- was given as advance to the opposite party as requested by him. But due to the lockdown necessitated on account of Covid-19 pandemic, the marriage had to be postponed and this duly intimated to the opposite party. But due to the prolonged lockdown, the marriage was conducted in a nearby temple without any celebration. At that time the studio of the opposite party was not functioning due to the lockdown. The opposite party refused to return the advance amount in spite of the order of the Govt that all types of the advance received during lockdown period should be refunded. Hence the complaint for refund of the advance amount of Rs.13,800/- with interest.

3. The opposite party was set ex-parte.

4. The points that arise for determination in this complaint are :

1. Whether there was any unfair trade practice or deficiency of service on the part of the opposite party, as alleged?
2. Reliefs and costs.

5. The complainant was examined as PW1 and Exts. A1 and A2 were marked.
6. Heard.
7. Point No.1–PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the information received under the Right to Information Act and Ext.A2 is the copy of the Complaint Register of Kozhikode Town Police Station.
8.     The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. The act of the opposite party in not returning the advance amounts to unfair trade practice and deficiency of service. The case of the complainant stands proved through the testimony of PW1 and Exts A1 and A2. The opposite party has not right to retain the advance amount and is bound to refund the same to the complainant.  
9. Point No.2 :  In the light of the finding on the above point, the complaint is disposed of as follows:

1. CC 167/2023 is allowed.  
2. The opposite party is hereby directed to refund Rs.13,800/-to the complainant.
3. The payment as aforestated shall be made 30 days of the receipt of copy of this order, failing which, the amount of Rs.13,800/- shall carry an interest of 6% per annum from the date of this order till actual payment.
4. No order as to costs.

Pronounced in open Commission on this the 21^st day of June 2023.

Date of Filing: 05-05-2023.

     Sd/-                                                      Sd/-                                             Sd/-

PRESIDENT                                       MEMBER                                MEMBER

APPENDIX

Exhibits for the Complainant :

Ext A1 - Copy of the information received under the Right to Information Act.

Ext.A2- Copy of the Complaint Register of Kozhikode Town Police Station.

Exhibits for the Opposite Party

Nil

Witnesses for the Complainant

PW1 -  Viswanathan  (Complainant)

Witnesses for the opposite parties 

Nil.

       Sd/-                                                    Sd/-                                            Sd/-

PRESIDENT                                       MEMBER                                MEMBER

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                                                                                                                                             Sd/-

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