Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
30th day of November 2022
CC 96/21 filed on 26/04/21
Complainant : 1. Navaneeth, S/o Gopalan, Kalavur House,
Vatanappilly Village Desom, Chavakad Taluk.
2. Athira Lakshmi, W/o Navaneeth, Kalavur House,
Vatanappilly Village Desom, Chavakad Taluk.
(By Adv. I.D.Radhakrishnan, Thrissur)
Opposite Party : Proprietor, Vinu Paravur Photography,
Sunny Towers,2nd floor, Chendamangalam Jn,
North Paravur, Ernakulam- 683 513.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
1) The opposite party under took videography and still photography in album for of the marriage function of the complainants and for which he charged Rs.1,65,000/-. The complainants paid the entire amount. As per the agreement one videographer and one still photographer came to cover the engagement function and 2 videographers and 2 still photographers came to cover the marriage function. Opposite party has to furnish 120 page album, 15 minutes teaser, 5 minutes youtube video, pre and post wedding photo-videography. Even though they covered the entire programme, they never gave the album and videopgraph. Hence he caused a notice which was returned unclaimed. Hence this complaint.
2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.
3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced five documents which are marked as Exts. A1 to A5. Ext. A1 is the summary of transaction on savings for the period 01/05/2018 to 28/02/2019; Ext.A2 is the copy of pass book of Central Bank of India, Cherpu; Ext.A3 is the notice sent to the opposite party dated 06/02/21; Ext.A4 is the returned notice and Ext.A5 account statement of Gopalan from SBI Vatanappilly branch.
4) We have gone through the pleadings and documents produced by the complainants. Ext. A1, A2 and A5 account statement proves the payment to opposite party for videography and photography. Ext.A3 to A4 substantiates the case of the complainant. Since there is no contra evidence available before us, we are inclined to allow this complaint.
In the result, complaint is allowed and hereby direct the opposite party to pay Rs.1,65,000/- (Rupees One lakh sixty five thousand only) with interest @9% from the date of complaint ie 26/04/2021 till realization and further directed to pay Rs.5,000/- (Rupees Five thousand only) towards compensation and Rs.2,500/- (Rupees Two thousand five hundred only) towards cost to the complainants within one month from the date of receipt of copy of this order. Failing in which the compensation and cost carries 6% interest from the date of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 30th day of November 2022.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 the summary of transaction on savings for the period 01/05/2018 to
28/02/2019.
Ext.A2 the copy of pass book of Central Bank of India, Cherpu.
Ext.A3 the notice sent to the opposite party dated 06/02/21.
Ext.A4 the returned notice.
Ext.A5 account statement of Gopalan from SBI Vatanappilly branch.
. Id/-
Member
