C o n s u m e r  C o m p l a i n t  No.  192 of 2021

Complainant: - Mr. Arunava Sarkar

Vs.

Opposite Party:-Photonika Photography

Ex Parte Final Order

Order No. 09                                                                                          Date:-01.08.2022

Today is fixed for delivery of final order ex parte.

On 12.11.2021 the complainant has filed the case under Section 35 of the C.P. Act, 2019 against the O.Ps.

The case of the complainant in brief is that on and from 17.02.2018 to 21.02.2018 to do his memorable marriage ceremony made an oral agreement with the O.Ps about both still and video photography and he was agree to pay Rs.55,000/-(Fifty Five Thousand) only as total service charge to complete the sessions of marriage ceremony and subsequently he paid Rs.5000/- to the O.Ps vide cheque number 232266 dated 23.01.2018 which was encashed by the O.Ps on 25.01.2018. Thereafter complainant again paid Rs.32000/- to the O.Ps on several occasions and it was not possible for him on such occasions of the period of marriage ceremony to collect the money receipt from them and after completion of the marriage ceremony, in spite of several requests the O.Ps never delivered any money receipt regarding payment of Rs.32000/-. The complainant was ready and willing to pay the remaining amount of Rs.18000/- to the O.Ps at the time of delivery of the said still and video photography but till now the O.P. did not deliver the said album to the complainant. In this way, the O.Ps harassed the complainant by way of lingering the matter for a long period. On several time of his visiting and requests, the O.Ps were playing with the emotion of the complainant and hampered the emotion of life and social image of the complainant in the society. The cause of action arose on and from 05.01.2018 and is still continuing.

Upon this background, the complainant prays for passing an order to direct the O.Ps either to hand over the album of still and video photography to the complainant or to refund of Rs.37,000/- along with interest @ 18 % per annum on and from 05.01.2018 till the date of realization along with a direction to pay a sum of Rs.12,50,000/- as compensation for mental pain, agony and harassment suffered by the complainant. He also prayed for litigation cost of Rs.20,000/-

On 01.02.2022 the O.P. Nos.1 & 2 appeared personally but did not file any written version and as they neither took any step nor filed any W/V, the case was fixed for ex parte hearing. Accordingly the case is heard ex parte against the O.P. Nos.1 & 2.

Decision with Reasons

In order to prove the case, the complainant submitted the evidence-on-affidavit by filing a petition for treating the complaint as evidence-on-affidavit. He also filed Xerox copy mentioning the description of work and Xerox copy of letter addressed to the Assistant Director, Consumer Affairs & FBP, Purba Bardhaman R.O. and Xerox copy of non-response letter dated 26.02.2020 of the Assistant Director in Charge, Consumer Affairs & FBP, Paschim Bardhaman R.O.  and Xerox copy of bank pass book-two pages of the complainant.

On perusal of the complaint, it is found that the complaint case is the evidence of the complainant. The document dated 05.01.2018 does not bear the customer signature or the signature of the O.Ps and amount of Rs.75000/- has been mentioned in the said document for description of work meant for advance is nil. This document however bearing any signature of the customer or the O.Ps has no value in the eye of law of the evidence. The complaint before the Assistant Director, Consumer Affairs & FBP, Purba Bardhaman R.O. and reply to the complainant by the Assistant Director-in-Charge, Consumer Affairs & FBP, Paschim Bardhaman R.O. cannot be tallied with each other as there was no prayer before the Consumer Affairs & FBP, Paschim Bardhaman R.O. whereas the prayer was placed before the Consumer Affairs & FBP, Purba Bardhaman R.O. and there is no any whisper that this prayer before the Purba Bardhaman R.O. has been referred to the Paschim Bardhaman R.O.

It is alleged that the complainant has paid Rs.5000/- to the O.Ps vide cheque No.232266 dated 23.01.2018 and the O.Ps encashed the same on 25.01.2018 but from the Xerox copies of the pass book of the complainant, it is found that on 25.01.2018 Rs.5000/- was withdrawn by cheque No.550073232266 by O.P. No.2 -Subham Sharma, the proprietor of the O.P. No.1 but the complainant by supported an affidavit in the complaint stating that he has paid more than Rs.32000/- to the O.Ps on several occasion and as he was busy with the occasion of his marriage ceremony, he cannot collect the money receipt for the same from the O.Ps and in spite of several requests, the O.Ps never delivered any money receipt regarding the payment of Rs.32000/- to them. Though the O.P. NOs.1 & 2 appeared in this case but ultimately they did not contest the case and in this circumstances it is palpably clear that the evidence of the complainant on this point cannot be thrown away being the unchallenged evidence.

Under the above facts and circumstances, we are of the opinion that the O.P. Nos.1 & 2 committed deficiency in service and the complainant has been suffered from mental pain, agony, harassment and hampered of his emotional life of the complainant and social image of the complainant has been in a fix.

The complainant has paid a total amount of Rs.37000/- to the O.Ps. As a result the case succeeds. The complainant is entitled either to get the album of still photography and video photography or to refund of Rs.37000/- along with interest @10% per annum since the date of 05.01.2018. He is also entitled to get a sum of Rs.2,50,000/- as compensation for mental pain, agony, harassment and hampered of emotion of the life as well as social image of the complainant. He is also entitled litigation cost of Rs.5000/-.

Hence, it is

ORDERED

that this case be and the same is allowed ex parte against the O.P. Nos.1 & 2, but without any cost.  The O.P. Nos.1 & 2 are directed either to handover the album of still photography and video photography to the complainant or to refund of Rs.37,000/- along with interest @ 10% per annum on and from 05.02.2018 till realization of the same. O.Ps are also directed to pay a sum of Rs.2,50,000/-(Two Lakh Fifty Thousand) only as compensation for mental pain agony, harassment and hampering of emotion of life as well as social image of the complainant along with litigation cost of Rs.5000/- to the complainant. The O.P.Nos.1 & 2 are directed to comply with this order within 45 days from the date of receipt of this order by A/c. payee cheque failing which the above amount shall carry interest @ 10% per annum till realization.

Let a copy of this order be supplied to the parties on free of cost.

Dictated & Corrected by me:                                                 

                                                                                                        President

                                                                                         DCDRC, Purba Bardhaman

            President

   DCDRC, Purba Bardhaman                                                                                                                       

                                             Member                                                     Member

                                  DCDRC, Purba Bardhaman                       DCDRC,Purba Bardhaman