Andhra Pradesh

Chittoor-II at triputi

CC/26/2014

Sri Vempam Battu Lavakumar, S/o. late V. Sriramulu - Complainant(s)

Versus

P.Mohan Raj, - Opp.Party(s)

G. Ramaiah Pillai

28 Oct 2014

ORDER

Filing Date:13.06.2014

Order Date: 28.10.2014

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

TIRUPATI

 

      PRESENT: Sri.M.Ramakrishnaiah, President ,

        Smt. T.Anitha, Member

 

TUESDAY THE TWENTY EIGHTH DAY OF OCTOBER, TWO THOUSAND AND FOURTEEN

 

C.C.No.26/2014

 

Between

 

Sri.V.Lavakumar,

S/o. late. V.Sriramulu,

11-202, Tharakarama Nagar,

Peruru,

Tirupati Rural Mandal – 517 505.                                     … Complainant

 

 

And

 

P. Mohan Raj,

aged about 32 years,

New Revathi Digital Studio & Vedio,

19-12-663, Bairagipatteda,

Tirupati.                                                                                …  Opposite parties.

 

 

            This complaint coming on before us for final hearing on 27.10.14 and upon perusing the complaint, written version and other relevant material papers on record and on hearing Sri.G.Ramaiah Pillai, counsel for the complainant, and Opposite party remained exparte, and  having stood over till this day for consideration, this Forum makes the following:-

 

ORDER

DELIVERYED BY SRI. M.RAMAKRISHNAIAH, PRESIDENT

ON BEHALF OF THE BENCH

 

            This complaint is filed under Section-12 and 14 of C.P.Act 1986, by the complainant.

2. The complaint averments in brief are:-  That the complainant engaged a photographer i.e. opposite party herein, to take the marriage photos and videos in the marriage of the complainant on 12.12.2013 and he has paid a sum of Rs.12,000/- in total to the opposite party for that purpose. Later the opposite party failed to deliver the photographs and videos to the complainant inspite of his repeated demands and finally the opposite party told that they were misplaced. Hence the complaint, claiming refund of Rs.12,000/- paid to the opposite party and Rs.1,00,000/- towards damages for causing mental agony and also to pay a sum of Rs.2,000/- towards litigation expenses.

3.  The opposite party remained exparte.

4.  The complainant has filed his affidavit in lieu of evidence and got marked Exs.A1 to A4. Heard the counsel for the complainant.

5.  Now the points for consideration are:-     

(i)  Whether the complainant is entitled to the relief sought for?

(ii)  To what relief?

6.  Point No.(i):-  On perusal of the complaint and the chief affidavit filed by the complainant, it is found that the complainant has celebrated his marriage with Komala on 12.12.2013 at Raghavendra Kalyanamandapam, Srinivasa Mangapuram, Chandragiri Mandal. He has engaged opposite party Mr.P.Mohan Raj, who is maintaining digital studio and video shop at D.No.19-12-663, Bairagipatteda, Tirupati, for taking marriage photos and marriage videos images. The complainant has paid Rs.5,000/- on 12.12.2013 and later he paid the remaining amount of Rs.7,000/-, totally he paid Rs.12,000/- to the opposite party under Ex.A2, for taking marriage photos and marriage video. Accordingly, the opposite party has taken the marriage photographs and video during the marriage and failed to handover the said marriage photos and video to the complainant till date. The complainant approached the opposite party several times. About 45 days after the marriage when the complainant approached the opposite party, the opposite party stated that some relevant stills are missing and required the couple to visit the photo studio with impressed dress to take photos afresh. The newly wedded couple went to the studio of the opposite party as required by him. Those photos were also not handed-over by the opposite party and finally he told the complainant that those photos and videos are missing. The opposite party also failed to repay the amount collected from the complainant under Ex.A2 issued by the opposite party under the name and style of ‘New Revathi Digital Studio & Video’, bearing D.No.19-12-663 Bairagipatteda, Tirupati, under receipt No.5783 dt:12.12.2013. The complainant also got issued notice under Ex.A3 dt:17.05.2014, for which no response from the opposite party.

7.  The opposite party having collected the required charges for taking photographs and videos during the marriage of the complainant on 12.12.2013 and also having taken the photographs and videos accordingly, he failed to handover the photographs and videos to the complainant as agreed and also he failed either to refund the amount he collected from the complainant or to handover the photographs and videos. Under the above circumstances, we are of the opinion that the opposite party is liable to be refund the amount of Rs.12,000/- collected from the complainant under Ex.A2 and also liable to be pay some compensation for his negligent act and causing mental agony to the complainant. Because of the negligent act of the opposite party, the complainant lost an opportunity of referring his marriage photos and videos in future and to recollect his marriage events on that sacred occasion. Therefore, the complainant is entitled to refund of Rs.12,000/- paid to the opposite party under Ex.A2 and he is also entitled to a sum of Rs.10,000/- towards compensation from the opposite party and he is also entitled to Rs.2,000/- towards litigation expenses.

8.  In the result, the complaint is allowed in part directing the opposite party to refund Rs.12,000/- (Rupees twelve thousand only) to the complainant along with interest at 9% per annum from the date of payment of the said amount i.e. from 12.12.2013, till realization, the opposite party also directed to pay a sum of Rs.10,000/- towards compensation to the complainant with interest at 9% per annum from the date of this order, till realization and also further directed the pay Rs.2,000/- (Rupees two thousand only) to the complainant towards litigation expenses. The opposite party is further directed to comply with the order within six (6) weeks from the date of this order.               

Typed to dictation by the stenographer, corrected by me and pronounced in the Open Forum this the 28^th day of October, 2014.

 

       Sd/-                                                                                                                     Sd/-                                  

Lady Member                                                                                                      President

 

 

APPENDIX OF EVIDENCE

WITNESS EXAMINED ON BOTH SIDES

 

PW-1: Sri V.Lava Kumar S/o. Late V.Sriramulu (Chief Affidavit filed).

 

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/S

 

Exhibits	Date	Description of Documents
Ex.A1	12.12.2013	Wedding Invitation card of complainant with Komala on 12.12.2013.
2	12.12.2013	Receipt for Rs.12,000/- issued by the opposite party for marriage exposing outdoor photos and vedios.
3	17.05.2014	Office copy of legal notice.
4	26.05.2014	Undelivered Regd. Notice addressed to the opposite party with postal endorsement continuously absent.

 

 

                                                                                                                                                                 Sd/-    

                                                                                                         President

 

// TRUE COPY //

// BY ORDER //

 

 

Head Clerk/Sheristadar,

           Dist. Consumer Forum-II, Tirupati.

 

 

Copies to:-     1. The Complainant.

                        2. The opposite party.