M/s Satya Digital Images ,Video Shooting Etc,Represented by S.SrinivasaRao,Police Club Complex ,Old Club Road ,Khammam Town and District M/s Studio 9,Digital Studio and Color Lab ,Represented by S.Srinivasa Rao,Station Road Khammam Town and District S.Srinivasa Rao,S/o Not Known to the Complainant ,C/o Studio 9,Digital Studio and color lab,Station Road ,Khammam Town and district
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
BEFORE THE DISTRICT CONSUMERS FORUM AT KHAMMAM Dated this, the 12th day of March, 2010 CORAM: 1. Sri Vijay Kumar, B.Com., L.L.B. - President, 2. Smt.V.Vijaya Rekha, B.Sc. B.L. - Member 3. Sri R. Kiran Kumar, B.Sc. L.L.B - Member C.C. No.108/2009 Between: T.N. Srinivasa Rao @ Srinivas, S/o Late Rajeswara Rao, ge:37yers, Occu: Lecturer, R/o 4-84/J/F-2, Sri Venkateswara Residency, Vikasnagar Colony, Dilsukhnagar, Hyderabad. Complainant and 1. M/s Satya Digital Images, Video shootings Etc., Represented by S.Srinivasa Rao, Police Club Complex, old club Road, Khammam Town and District. 2. M/s Studio 9, Digital Studio and Color Lab, Represented by S.Srinivasa Rao, Station Road, Khammam Town and District. 3. S.Srinivasa Rao, S/o Not known to the complainant , aged about 45years, C/o Studio 9, Digital studio and Color Lab, Station Road, Khammam Town and District. Opposite parties This C.C. is coming on before us for hearing in the presence of Sri. K Koteswar Rao, Advocate for complainant and opposite parties appeared in person; upon perusing the material papers on record; upon hearing arguments, and having stood over for consideration, this Forum passed the following:- O R D E R (Per Smt.V.Vijaya Rekha, Member) 1. This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. The brief facts as set out in the complaint are that the complainant had approached the opposite parties and placed an order for video shooting on the occasion of marriage of his younger sister and accepted to pay Rs.22,000/-, as demanded by the opposite parties and for which, on 10-12-2008 the complainant had paid Rs.15,000/- as advance and agreed to pay the balance amount at the time of delivery of the photographs with album and DVDs and also submitted that the opposite party attended the marriage and taken the photographs and covered the video shooting, but failed to deliver the photographs and DVDs in spite of repeated rounds and having waited for more than 8 months, the complainant approached the opposite parties on 22-08-2009 and demanded to give the photographs etc. Despite that, the opposite party abused the complainant with filthy language and refused to handover the photographs and DVDs. As such the complainant issued legal notice on 08-09-2009 by demanding to deliver the photographs with album and DVDs by receiving the balance amount of Rs.7,000/- , but there is no response, thus the complainant approached the Forum for redressal and prayed to direct the opposite parties to refund the advance amount of Rs.15,000/- and Rs.1,00,000/- towards damages and costs of Rs.5,000/-. 2. Along with the complaint, the complainant filed affidavit and also filed the following documents: i. Cash receipt dated 10-12-2008, issued by the opposite party. ii. Wedding Card. iii. Office Copy of legal notice dated 08-09-2009 with courier receipts. 3. After receipt of notice the opposite party No.3 appeared in person and requested to grant time for filing counter and on the next date of adjournment, the studio owner appeared himself and intended to file photo album, as such the matter is posted for clarification of the complainant and on next date of adjournment the complainant did not give clarification and again it was posted for clarification on 25-02-2010. But on 25-02-2010 the opposite party called absent and the counsel for complainant submitted oral arguments as such the matter is posted for orders. 4. In view of the above circumstances, now the point for consideration is whether the complainant is entitled to any relief as prayed for? 5. As seen from the averments of the complaint and upon perusing the documents filed by the complainant, the complainant made an order with the opposite party for coverage of photographs and video shooting on the occasion of his sisters marriage and on 10-12-2008 the complainant had paid Rs.15,000/- towards advance payment out of the agreed amount of Rs.22,000/- and the remaining amount has to pay, after receipt of photographs and DVDs but after lapse of 8 months, the opposite party did not handover the photographs and DVDs and instead of receiving the legal notice the opposite parties neither given the photographs and DVDs nor responded to provide proper services to the complainant. As such the complainant knocked the doors of the Consumer Forum and seeks redressal and on being noticed, the opposite party No.3/ owner of the studio appeared in person, and on the date of next adjournment the opposite party no.3 tried to submit the album with photographs but at that time the counsel for complainant taken time for clarification of the complainant, thus this forum adjourned the matter for three times for giving clarification of the complainant. But on the last date of adjournment the opposite party did not appear and the counsel for complainant submitted oral arguments. In view of the facts and circumstances stated above, it is clear that the opposite party failed to handover the photographs and DVDs to the complainant within considerable time and caused to file the present complaint by causing inconvenience. As such the opposite party is liable to bear damages and costs of this litigation, even though the complainant might have some dues as per cash bill dated 10-12-2008. As such the point is answered accordingly in favour of the complainant. 6. In the result the complaint is allowed in part, directing the opposite parties to handover the album with photographs and DVDs by collecting Rs.7,000/- from the complainant and also directing to payRs.1000/- towards damages and Rs.500/- towards litigation costs. Typed to my dictation, Corrected and pronounced by us, in this Forum on this 12th day of March, 2010. President Member Member District Consumers Forum, Khammam APPENDIX OF EVIDENCE -Nil- President Member Member District Consumers Forum, Khammam
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