BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Complaint  Case No  :1027 of 2009

Date of Institution :  22.07.2009

Date of  Decision   :  27.11.2009

Ar.Rajneesh Walia S/o Sh. Raj Kumar Walia, R/o H.No.3221, Sector 47-D, Chandigarh.

 ….…Complainant

V E R S U S

Parmod [Rinku], R/o H.No. 3020, Sector 56, Chandigarh.

2^nd Address:

C/o Mr. Dhoom Singh, R/o H.No. 2692, Dadumajra Colony, U.T. Chandigarh.

.…..Opposite Party

CORAM:   SH.JAGROOP SINGH MAHAL    PRESIDENT

         DR.(MRS) MADHU BEHL       MEMBER

Argued by: Sh.Sumit Batra, Adv.for Complainant.

  Sh.Ramandeep Singh, Adv. for OP.

PER SH.JAGROOP SINGH MAHAL, PRESIDENT

         Concisely put, the Complainant hired the services of the OP for photography & video filming of the marriage ceremony of his sister which was held on 28.7.2008 at the final rate of Rs.11,500/- and later on, for his own marriage which was solemnized on 6.9.2008 at the rate of Rs.12,500/-. He gave Rs.1,000/- in cash as an advance on 23rd July, 2008. It was averred that on 30.7.2008 i.e. after the marriage of his sister, he gave Rs.5,000/- in cash more to the OP and asked him to give both the Photo Albums and DVD Movies of the function, but the OP made an excuse of his business and assured the Complainant to give the same after sometime. The OP

 also covered Complainant’s Marriage and Reception on 6th & 7th September, 2008. On 10th September, 2008, OP again demanded some more money without giving even a single photograph or DVD Movie of the Complainant’s marriage or the marriage of his sister. He, however, gave Rs.5,000/- in cash to the OP on the same date with the promise to give the photo album and DVD movie of both the marriages within next 10 days. Thereafter, he rang up the OP number of times for the purpose, but every time he made a new excuse and delayed the work. On 25.12.2008, he again called the OP, who told him that the work was almost complete and further demanded some more money. On his request, the Complainant gave him another sum of Rs.3000/- and in this way, he had given a total sum of Rs.14,000/- for no work. Finally after much pursuasion, on 30.4.2009, the OP gave part album of Complainant’s marriage, but no DVD was provided to him and no photo album and DVD movies of the receipt of the Complainant or the marriage function of his sister was given. Even the photo album given to the Complainant of his marriage contains wrong date i.e. 7th September, 2008 instead of 6th September, 2008. Due to all this, he and his family members had to face lot of humiliation and embarrassment. Hence this complaint alleging that the aforesaid acts of the OP amount to deficiency in service and unfair trade practice.

2]       Notice of the complaint was sent to OPs seeking their version of the case. 

3]       OP filed reply admitting the factual matrix of the case pleading that his services were in fact, hired for Rs.24,000/-. It was admitted that the Complainant made the payment of Rs.2,000/-in advance and paid Rs.5,000/- in cash. It was denied that the OP made new excuses or delayed the work. It was submitted that out of the total payment, only Rs.10,000/- was paid and Rs.14,000/- was still to be paid by the Complainant. It was pleaded that the OP rang up the Complainant number of times to take away the photographs and DVDs, but due to financial crunch he did not. All other material contentions of the complaint were controverted. Pleading that there was no deficiency in service on their part, a prayer has been made for dismissal of the complaint.

4]       Parties led evidence in support of their contentions.

5]       We have heard the learned counsel for the parties and have also perused the record.

6]       It is admitted between the parties that the total amount payable by the complainant to him was Rs.24,000/-. The contention of the complainant is that he has paid Rs. 14,000 in all but the OP denied the receipt of Rs.3,000/- paid on 25.12.08. In this respect the complainant has referred to annexure C1, which is the statement of accounts showing that the cheque for Rs.3,000/- was got encashed  by Parmod on 26.12.08.  It therefore cannot be said by the OP that he has not far received Rs.14,000/-. In this manner the complainant has to pay Rs.10,000/- more to the OP.

7]       The complainant during the stage of arguments has produced three documents now marked as annexure C2, C3 and C4, on which the rates of the photographs, posters and the DVDs have been mentioned alongwith the amount paid by the complainant to the OP. The contention of the complainant further is that OP has not given the photographs and the posters of the marriage function of his sister to him worth Rs.2,842/-, as given in annexure C2, whereas the photographs, posters and DVDs of his own marriage worth Rs.3,850/- have not been given by the OP as mentioned in annexure C3.  The total value of these photographs, posters etc., has been fixed at Rs.6,692/-. 

8]       The contention of the OP is that if the complainant pays him the remaining amount of Rs.10,000/, he is ready to give photographs and the DVDs. The entire dispute appears to have arisen due to some misunderstanding between the parties whereby the OP feels that his payment would not be made to him.  We are of the opinion that the complainant is entitled to receive 400 photographs, 12 posters and 2 DVDs for each of the functions for which he is liable to pay Rs.10,000/- more to the OP.  However, if in respect of any marriage or reception ceremony, the photographs given are less, the amount would be proportionally reduced @ Rs.14/- per photograph, Rs.70/- per poster and Rs.1,150/- per DVD. 

9]       In view of the above discussions, we are of the opinion that the present complaint succeeds and the same is accordingly allowed.  The OP is directed to handover the photographs, posters and DVDs to the complainant on his payment of Rs.10,000/-, subject, of course, to the deductions as referred to above. In view of the peculiar facts of the case the parties are left to bear their own costs.

         Certified copies of this order be sent to the parties free of charge.  The file be consigned.