Punjab

Faridkot

CC/19/296

Dr. V.K Bakshi - Complainant(s)

Versus

M/s Karmajor Films - Opp.Party(s)

Atul Gupta

05 Jan 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FARIDKOT

C.C. No. :               296 of 2019

Date of Institution:   23.12.2019

Date of Decision :     05.01.2022

 

Dr. V K Bakhsi aged about 60 years, son of Late R D Bakshi, Principal, Baba Farid Law College, Faridkot, Tehsil and District Faridkot.

                                               .......Complainant

Versus

1. M/s Karmajor Films, through its Authorized Signatory, Office at Near Fun Republic, #233, Mani Majra, Chandigarh.
2. Knl Brar c/o M/s Karmajor Films, through its Authorized Signatory, Office at Near Fun Republic, #233, Mani Majra, Chandigarh.

                     .......Opposite Parties

Complaint under Section 12 of the

Consumer Protection Act, 1986.

(Now, Section 35 of the Consumer Protection Act, 2019)

 

Quorum:     Smt Param Pal Kaur, Member.

                     Sh Vishav Kant Garg, Member.

Present:        Sh Atul Gupta, Ld Counsel for complainant,    

                   OPs Exparte.

 

 (ORDER) 

( Param Pal Kaur, Member)        

 

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                                        Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OPs seeking directions to OPs to provide complete coverage of wedding shoot, provide furnished albums, videography still with editing and in original configuration in hard drives, albums, other shoots and new hard drive given by complainant to OPs, for refraining them for misusing any content and for further directing them to pay Rs. One lac as compensation for harassment and mental agony suffered by complainant alongwith Rs.22,000/-as cost of litigation.

 2                                                      The brief facts of the present complaint are that complainant engaged OPs for the purpose of doing pre wedding videos, shoots, videography etc for marriage of his son that was going to be held on 22.11.2019. OPs agreed to do drone videography, prepare videos, still photography consisting of two teams and also agreed to prepare two digital invitation cards including high light video, one full edit video, 90 sheets albums, two albums separate for wedding and ring ceremony events and had to place 5 frames, welcome board, tent cards, guest wish book. OPs also assured to provide videos and still photography in original configuration in hard drive to the complainant and total amount that was settled to be paid to OPs was Rs.1,25,000/-and complainant paid Rs.25,000/-in advance on 28.08.2019. Said amount of Rs.25,000/-was transferred from the Axis bank account of

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complainant to the account of OPs in Punjab National Bank, but due to negligence on the part of OPs, pre wedding videos had to be postponed as OPs stopped attending their calls and did not respond to the messages. OPs offered to deduct Rs.20,000/-from total amount of Rs.1,25,000/-for non conducting the pre wedding shoot. OPs had to provide make up, rent for certain pre wedding locations, but they did not do the needful. It is submitted that since the very beginning i.e from 15.08.2019 to 3.12.2019, OPs did not provide services as agreed by them. Despite several requests, e-mails and whatsapp messages, OPs did not prepare digital invitations. Relatives of complainant are distantly placed even some relatives are abroad and digital invitation was required to be served much earlier for making it easy for them to arrange booking in time. OPs prepared digital invitation on 21.10.2019 which was also not upto mark. It was agreed between the parties that payment would be made only after performance of entire contract, but OPs started demanding money at the time of doing coverage of pre-ritual days. Further submitted that complainant also gave his new hard drive worth Rs.5000/-to OPs for transferring photographs  to ascertain about final development of album and they did not return the same. Moreover, despite agreement, OPs did not provide drone facility and teams deputed by OPs did not provide proper coverage. It was agreed to provide five frames but OPs gave only four frames out of which two frames were of no use. OPs neither

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provided Welcome Board, nor gave tent cards. Even they did not provide Guest Wish Book at the spot though it was required to be provided. Even after one month of marriage, they have not provided photographs and videos of the ceremony, rather OPs have been threatening the complainant of dire consequences. Complainant made several requests to OPs to provide all the complete video recordings, albums, shoots, recording of ceremonies, hard drive etc to complainant, but they refused to provide the same. Act of OPs in not providing the photographs and videos to complainant, amounts to deficiency in service and trade mal practice on the part of OPs. Complainant has suffered huge harassment due to this act of OPs. He has prayed for accepting the present complaint alongwith compensation and litigation expenses besides the main relief.

3                                                   The complaint was admitted after hearing and vide order dated 06.01.2020, notice was issued to Opposite Parties to appear in person or through representative to file reply to the complaint.

4                                                     As per office report, despite service of notice, effective publication and having sufficient knowledge of present complaint, OPs did not appear in the Commission either in person or through counsel. It appeared that OPs are not interested to contest the allegations

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levelled by complainant. Therefore, vide order dated 27.10.2021, OPs were proceeded against exparte.

5                                     Parties were given proper opportunities to lead evidence to prove their respective pleadings. Ld Counsel for complainant tendered in evidence affidavit of complainant Ex.C-1 and documents Ex C-2 to Ex C-4 and then, closed the evidence.

6                                               As there is no rebuttal from OPs side, therefore, we have heard the arguments advanced by ld counsel for complainant and have carefully gone through the evidence and documents placed on record.

7                                               From the careful perusal of record and after thorough perusal of evidence and documents placed on record, it is observed that case of the complainant is that he hired the services of OPs for doing videography and photography of events for marriage of his son. It also included drone videography and still photography consisting of two teams. Opposite Parties also assured complainant and agreed to prepare two digital invitation cards including high light video, one full edit video, 90 sheets albums, two albums separate for wedding and ring ceremony events and had to place 5 frames, welcome board, tent cards, guest wish book. As per agreement, videos and still photography was to be provided in original configuration in hard drive

cc no.-296 of 2019

to the complainant. Rs.1,25,000/- were settled to be paid and complainant paid Rs.25,000/-in advance, but several events were postponed due to negligence of OPs. OPs stopped attending their calls and messages and offered to deduct Rs.20,000/-from agreed total amount of Rs.1,25,000/-for non conducting the pre wedding shoot. OPs failed to provide services as agreed by them. Even, OPs did not prepare digital invitations for relatives living abroad, who were required to be served in advance for making feasible the booking in time. Digital invitation prepared on 21.10.2019 was not upto mark. As per allegation of complainant, payment was agreed to be made only after performance of entire contract, but OPs forced for remaining payment at pre-ritual days. Complainant has also alleged that he gave his new hard drive worth Rs.5000/-to OPs for transferring photographs, but they did not return the same. Moreover, despite agreement, OPs did not provide drone facility and their teams did not provide proper coverage. Complainant has alleged several deficiencies like not providing the five frames as agreed as OPs gave only four frames out of which two frames were useless. OPs neither provided Welcome Board, nor gave tent cards. Even they did not provide Guest Wish Book at the spot though it was required to be provided. Even after one month of marriage, they have not provided photographs and videos of the ceremony, rather OPs have been threatening the complainant of dire consequences. Complainant made several requests to OPs

cc no.-296 of 2019

to provide all the complete video recordings, albums, shoots, recording of ceremonies, hard drive etc, but they refused to provide the same. Act of OPs in not providing the photographs and videos to complainant, amounts to deficiency in service and it has caused huge harassment and mental agony to him and his entire family as photographs of events of marriage of his son are very important and precious. It is observed that efforts made by complainant through phone calls, messages and through e-mails to OPs to do the needful, have gone futile and did not bear any fruit. On the other hand, despite having sufficient knowledge of complaint, OPs did not appear in the Commission and there is no rebuttal from their side.

8                                     The grievance of the complainant is that despite verbal requests,  phone calls, whatsapp  messages and issuance of e-mails, OPs failed to provide services as per agreement and they did not keep their words. Document Ex C-2 is copy of receipt issued by Karmajor Films/OP-1 in favour of complainant in lieu of advance payment of Rs.25,000/-received by him on 02.09.2019 for the duration of event to be held from 18.08.2019 to 03.12.2019. Ex C-3 is copy of receipt showing credit of amount of Rs.25,000/-in the account of Kanal Photographer/OPs with remarks on it as ‘Advance for Wedding Photography’. Ex C-4 further proves the pleadings of complainant regarding payment of advance of Rs.25,000/-given by complainant to OPs for hiring their

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services for making video and photographs for marriage of his son. Through his affidavit Ex C-1, complainant has reiterated his pleadings and has prayed for redressing his grievance. It is observed that despite having sufficient knowledge of complaint got registered by complainant with them and even after effective service through RC AD as well as through publication, OPs did not bother to redress the grievance of complainant, which amounts to deficiency in service.

9                                            We have keenly considered the contentions in the light of evidence on record. Complainant has produced sufficient and cogent evidence to prove the negligence and deficiency in service on the part of OPs. It is observed that OPs have been deficient in providing proper services to complainant by not shooting the video of events as per directions of complainant. Had OPs taken effective and appropriate steps to redress the grievance of complainant by shooting videos of all events at appropriate time fixed for same and had provided all the videos and photographs after completion of same to complainant, there would have been no complaint. Complainant has succeeded in proving his case and hence, complaint in hand is hereby allowed with direction to OPs to provide the complete coverage of wedding shoot of all events alongwith well furnished albums of photographs and videography with editing and in original configuration in hard drive to complainant on receipt of remaining amount. As complainant has already paid

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Rs.25,000/-in advance, therefore, after deducting advance paid and Rs.20,000/-for postponing the pre wedding shoot, remaining amount from agreed amount of Rs.1,25,000/- be paid by complainant. OPs are further directed to pay Rs.5,000/-to complainant as compensation for harassment and mental agony suffered by him besides Rs.5000/-as cost of litigation that complainant had to incur. Compliance of this order be made within one month of the receipt of the copy of the order, failing which complainant shall be entitled to proceed under Section 71 and 72 of the Consumer Protection Act. Copy of the order be supplied to parties free of cost. File be consigned to the record room.

Announced in Open Commission

Dated : 05.01.2022

(Vishav Kant Garg)       (Param Pal Kaur)

                                        Member                        Member