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
Friday, the 27th day of September 2024
CC. 234/2019
Complainants
- Vijaya Kumar. P, (Deceased),
Shymas (House),
Vaikundam Road, Near A.M.L.P School,
Balussery (PO), Kozhikode -673 612.
Suppl. 2. Shylaja,
W/o Vijaya Kumar.P,
Shymas (House),
Vaikundam Road, Near A.M.L.P School,
Balussery (PO), Kozhikode -673 612.
Suppl. 3. Mahith,
S/o Vijaya Kumar.P,
Shymas (House),
Vaikundam Road, Near A.M.L.P School,
Balussery (PO), Kozhikode -673 612.
Suppl. 4. Sanath,
D/o Vijaya Kumar.P,
Shymas (House),
Vaikundam Road, Near A.M.L.P School,
Balussery (PO), Kozhikode -673 612.
(The original complainant died and the supplemental complainants 2 to 4 were impleaded as his legal representatives as per order dated 26/06/2023 in IA. No. 234/2019.)
Opposite Party
Matrimony. Com.Ltd,
4th Floor, Jos Annex Building, TOS Junction,
M.G. Road, Ernakulam – 682 016.
(By Adv. Sri. B.V. Deepu)
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.
- The case of the complainant, in brief, is as follows:
The complainant entered into an agreement with the opposite party on 15/03/2019 for the wedding album of his daughter’s marriage event on 19/04/2019 and 20/04/2019 at a cost of Rs. 35,000/- to cover the marriage function on the day of marriage and wedding eve and change his son’s old wedding album in to a new magazine type album for Rs. 6,000/-. An amount of Rs. 5,000/- was given as advance to the opposite party. As per the agreement 75% of the order value has to be paid before 7 days of the date of marriage and 25% shall be paid at the time of providing the album. As per the agreement after 10 days of the marriage, the photos would be sent and the album would be given within 10 days of selecting the photos. The cost of the son’s wedding album amounting to Rs. 6,000/- was agreed to be paid at the time of handing over the album.
- Before 10 days of the marriage ie, on 09/04/2019, 75% of the amount was given to the opposite party less Rs. 5,000/- already paid. But the photos were not given after 10 days as agreed. On contacting the opposite party it was informed that the photos had not reached them and it would be sent immediately on receipt of the same. But it was after several weeks that the pen drive containing photos were received by the complainant. The selected photos were sent to the opposite party on 21/05/2019. But the CD and the album did not reach the complainant even after several months. On contacting the opposite party, their behaviour was not good. They stated that the album and the CD would be given only after paying the full amount.
- On 15/06/2019 the complainant was informed that Rs. 5,750/- and Rs. 6,000/- should be sent for the album of the daughter and the son respectively. Accordingly, the complainant transferred a total amount of Rs. 11,750/- to the account of the opposite party on 17/06/2019.
- Thereafter on contacting the opposite party for the album and the CD they stated that a sum of Rs. 3,000/- more is needed for the wedding album of the daughter. The manager of the opposite party threatened him. When the complainant enquired as to why the wedding album of the son was not given, they stated that the albums would be delivered only after paying Rs. 3,000/- due for the album of the daughter.
- Thereafter a staff member of the opposite party came to his house and demanded payment of the balance amount. But the complainant was not ready to pay the amount without receiving the albums and the CD. The balance amount due to the company is only 3,000/-. There was delay and latches on the part of the opposite party. The complainant was put to gross mental agony and inconvenience due to the non-delivery of the albums. Hence the complaint to direct the opposite party to return the albums and the pen drive along with compensation of Rs. 20,00,000/-.
- The opposite party has resisted the complaint by filing written version wherein they have denied all the allegations and claims made against them in the complaint. According to the opposite party, it is true that the complainant had booked a package of wedding album for his daughter’s marriage event at a cost of Rs. 35,000/- to cover the marriage functions on the day of marriage and wedding eve and to change the son’s old wedding album into a new magazine type album at a cost of Rs. 6,000/-, the total cost being Rs. 41,000/-. The complainant had paid Rs. 38,000/- and the balance due is Rs. 3,000/-, which was not paid by him. The footage of photographs and videography was taken for both the events. The pen drive of the wedding photographs was sent back to the opposite party after selection of the pictures on 21/05/2019 after which the footage and albums were ready on 14/06/2019. The complainant was contacted to make the payment, but he was adamant that he would make payment only after receiving the album. The opposite party then sent an executive to his residence to collect the payment and deliver the albums. Then the complainant asked the executive to deliver it to a different address. When the executive reached the address provided, the complainant refused to receive the album and make payment. The complainant was arrogant and rude and he refused to receive the albums though he was informed well in advance about the delivery of the albums. The present complaint has been filed with ulterior motive to harass the opposite party and to spoil their reputation. The complainant may be directed to pay the balance amount of Rs. 3,000/-. With the above contentions, the opposite party prays for dismissal of the complaint.
- The original complainant died and the supplemental complainants 2 to 4 were impleaded as his legal representatives as per order dated 26/06/2023 in IA. No. 234/2019.
- The points that arise for determination in this complaint are; 1) Whether there was any deficiency of service on the part of the opposite party, as alleged? 2) Reliefs and costs.
- Evidence consists of the oral evidence of PW1 and Exts A1to A5 on the side of the complainant. No oral evidence was let in by the first opposite party.
- Heard.
- Point No 1: The supplemental third complainant was examined as PW1. PW1 has filed proof affidavit and deposed in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the order and agreement form, Ext A2 is the copy of the customer acknowledgement, Ext A3 is the copy of the deposits slip, Ext A4 is the copy of courier receipt and Ext A5 is the screen shot of whatsaap chat and photos.
- It is not disputed that the complainant had entered into Ext A1 agreement with the opposite party for a package of wedding album for his daughter’s marriage for at a cost of Rs. 35,000/- to cover the marriage function on the day of marriage and wedding eve. As per Ext A1 Rs. 5,000/- was paid as advance and 75% of the order value before 7 days of the event and 25% on delivery of the album. It is not disputed that apart from that they entered in to an oral agreement to change the complainant’s son’s old wedding album in to new magazine type album at a cost of Rs. 6,000/-. This is not included in Ext A1. Thus the total amount was Rs. 41,000/-. Admittedly, the complainant had paid a total sum of Rs. 38,000/- to the opposite party and as per the pleadings in the complaint the balance amount due was Rs. 3,000/-.
- But at the time of evidence, PW1 tried to set up a new case that the entire amount due and even more was paid to the opposite party by the original complainant. But this is not supported by any evidence. Not even a scrap of paper is produced to show that the original complainant had paid more than Rs. 38,000/- to the opposite party. So we have no hesitation to hold that a balance amount of Rs. 3,000/- is due to the opposite party from the complainant.
- But it is seen that there is delay in making ready and delivering the raw photos and edited videos in pen drive to the complainant and also in making ready the albums. According to the complainant even though the functions were on 19/04/2019 and 20/04/2019 the raw photos and edited videos in pen drive were given to the complainant only after several weeks. The selected photos were sent to the opposite party on 21/05/2019. As per the agreement the photos album designed are to be delivered in 10 working days post receipt of photo selection and payment of the balance 25% of the order value. The evidence indicates that there was delay in designing and making ready the album for delivery to the complainant as agreed though he had paid a substantial amount and the balance payable was only Rs. 3,000/-. Even then there is no justification for withholding the album of the son’s wedding as the entire amount for that was paid. It is in evidence that the album pertaining to the son’s wedding is also retained by the opposite party without any valid reason. There was latches and delay on the part of the opposite party. The original complainant was put to gross mental agony and hardship due to the latches and negligence and deficiency in service of the opposite party. The opposite party is liable to pay adequate compensation. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 20,000/- will be reasonable compensation in this case. The opposite party is bound to deliver the albums to the supplemental complainants after receiving the balance amount of Rs. 3,000/-. The opposite party is liable to pay Rs. 3,000/- as cost of the proceedings.
- Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
- CC.234/2019 is allowed in part.
- The opposite party is hereby directed to deliver the albums and the pen drive to supplemental complainants 2 to 4, after receiving the balance amount of Rs. 3,000/- (Rupees three thousand only).
- The opposite party is directed to pay a sum of Rs. 20,000/- (Rupees twenty thousand only) as compensation to supplemental complainants 2 to 4.
- The opposite party is directed to pay a sum of Rs. 3,000/-(Rupees three thousand only) as cost of the proceedings to complainants 2 to 4.
- The order shall be complied with within 30 days of the receipt of copy of this order.
Pronounced in open Commission on this, the 27th day of September, 2024.
Date of Filing: 25/07/2019
Sd/ Sd/- Sd/- PRESIDENT MEMBER MEMBER
APPENDIX
Exhibits for the Complainant :
Ext A1 - Copy of the order and agreement form.
Ext A2 - Copy of the customer acknowledgement.
Ext A3 - Copy of the deposits slip.
Ext A4 is the copy of courier receipt.
Ext A5 - Screen shot of whatsaap chat and photos.
Exhibits for the Opposite Party
NIL
Witnesses for the Complainant
PW1 - Mahith (Complainant No. 3).
Witnesses for the opposite party
NIL
Sd/ Sd/- Sd/- PRESIDENT MEMBER MEMBER
True Copy,
Sd/-
Assistant Registrar.
