Case No. CC/30/2023
COMPLAINANT : Biswajit Das
S/O Lakshman Ch. Das
Resident of Debagram Bazar Para ( Girl’s School Road)
P.O Debagram, P.S- Kaliganj, Nadia,
PIN. 741137.
V-E-R-S-U-S
OPPOSITE PARTIES / OPs 1. Mr. Tanmoy Mridha
Proprietor of Daffodil Catering & Caterig &
Event.
Address at Vill + P.O- Taherpur, Ward no. 8,
P.S. Taherpur, Dist. Nadia, PIN. 741159.
2. Mr. Samar Mukherjee @ Gulu
Proprietor of Loknath Tent House,
Address at E/17. Vill + P.O. Taherpur, Ward no. 17, P.S Taherpur, Dist. Nadia, Pin. 741159.
Ld. Advocate(s)
For Complainant .. Debraj Das
For OP/OPs .. Ex-Parte
Date of Filing : 19.04.2023
Date of Disposal : 30.10.2023
: FINAL ORDER dtd. 30.10.2023 :
The concise fact of the case of the complainant is that the complainant Biswajit Das executed an agreement with OP No. 2 Samar Mukherjee @ Gulu proprietor of Loknath Tent House on 29.03.2022.
He also executed another agreement with OP No.1 Tanmoy Mridha for camera with photography and videographer with 30 pages album with pen drive, light and decoration, fooding panel and other event management works for the total amount of Rs. 2,75,000/- which was increased to Rs. 2,86,000/- for fooding some extra persons. Thereafter the marriage of the complainant has been solemnized on 03.05.2022 and complainant has also paid Rs. 2,75,000/- through cash in various instalment to the OP and only Rs.10,000/- is outstanding to the OP.
Complainant appointed the OPs regarding entire marriage responsibility from 02.05.2022 to 05.05.2022.
Complainant requested OP No. 2 to provide still photo, video as per contract of marriage but the OP No. 1 and 2 denied to provide the same. Thus OP No. 1 and 2 violated the agreement and contract.
Therefore, the complainant sent a legal notice to OP No. 2 on 18.08.2022 through his Ld. Advocate and another notice on 15.03.2023 but the OPs did not reply to the same for which complainant suffered mental pain and agony .
The misdeed of the complainant of the OP is cause deficiency in service , unfair trade practice and fraud. Subsequently the complainant to lodge the complaint to the Assistance Director CA and FBP Nadia but the Ops did not turn up. The cause of action arose on 15.03.2023 and on subsequent date till to the filing of this case.
Complainant therefore prayed for award and directing the OPs to deliver the said video of the marriage and reception ceremony of the complainant after payment of Rs. 10,000/-, compensation of Rs. 2,50,000/- and litigation cost of Rs. 25,000/-.
OP no. 1 and 2 preferred not to contest the case as per order no. 04 dtd. 03.07.2023 . So the case has been decided to be heard ex-parte against the OP no. 1 and 2.
Complainant in order to substantiate the case adduced oral evidence in the form of affidavit-in-chief and proved the original documents.
Annexures A is the original agreement signed by the OPs which is a contract between the parties regarding supply of all and everything of this event management as per the said agreement. It is clearly found that the OPs taken Photograph for the period of 02.05.2022 and 03.05.2022, 04.05.2022 and 05.05.2022 along with HD video and 30 pages photograph.
The agreements have been signed by both the parties
Complainant categorically stated in the complaint and proved through documentary evidence that despite making payment of Rs. 10,000/- . the OP violated his agreement the entire oral and documentary evidence of the complainant stands unchallenged and undiscarded in such as the case has been heard ex-parte against the Ops.
Complainant further proved a legal notice which was duly served upon the Ops but they did not reply.
Having assessed the entire unchallenged oral and documentary evidence of the complainant through affidavit-in-chief and different original documents it stands established that the complainant violated the terms of the agreement for the said event management and thereafter they did not supply the photograph, video, and still video to the complainant as per the agreement.
These misdeeds on the part of the OPs tantamounts to unfair trade practice and deficiency in service which caused mental pain harassment and agony to the complainant.
In the results the complaint’s case succeeds ex-parte.
Hence,
it is
order.
That the case being CC/ 30/2023 be and same allowed ex-parte against the OP no.1 Mr. Tanmoy Mridha and OP no. 2 Mr. Samar Mukherjee @ Gulu with cost of Rs. 25,000/- . Complainant Biswajit Das do get an award for Rs. 2,50,000/- against the OP no. 1 and 2 towards unfair trade practice, deficiency in service , harassment and mental pain and agony against OP no. 1 and 2.
OP no. 1 and 2 are directed to deliver all video’s and photography of the marriage and reception ceremony of the marriage of the complainant as per agreement dtd. 29.03.2022, 14.04.2022 within 30days from the date of final order and to pay of Rs. 2,50,000/- to the complainant within 30 days from the final order failing which the entire award money shall carry interest @ 8 % per annum from the date of final order the till date of realisation .
Complainant shall pay Rs. 10,000/- to the Ops at the time of delivery of the aforesaid photograph.
The CC/ 30/2023 thus dispose of.
Dealing Assistant to note in the trial register.
The case is accordingly disposed of.
Let a copy of this final order be supplied to both the parties at free of costs.
Dictated & corrected by me
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SHRI HARADHAN MUKHOPADHYAY
PRESIDENT
……………………………………
PRESIDENT
SHRI HARADHAN MUKHOPADHYAY
I concur,
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SHRI NIROD BARAN ROY CHOWDHURY
MEMBER
