BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.203 of 2016
Date of Instt. 06.05.2016
Date of Decision : 30.08.2016
Rachpal Singh son of Mukhtiar Singh R/o House No.119, Ambika Colony, Backside KMV College, Jalandhar.
..........Complainant
Versus
Rajesh Khanna, Prop./Partner/Authorized Person of Khanna Digital Colour Lab, (Wedding photographs and Portraits), Opp.Hari Cinema, near New Railway Road, Jalandhar.
.........Opposite party
Complaint Under Section 12 of The Consumer Protection Act.
Before: S. Bhupinder Singh (President)
Sh.Parminder Sharma (Member)
Present: Sh.RK Kashyap Adv., counsel for the complainant.
Opposite party exparte.
Order
Bhupinder Singh (President)
1. The complainant has filed the present complaint under section 12 of the 'The Consumer Protection Act' against the opposite party (hereinafter called as OP) on the averments that the complainant took the services of OP for the coverage of videography and photography of the marriage ceremony of his daughter for 24.11.2015 and 25.11.2015. The complainant submitted that the OP entered into oral agreement with the complainant for providing videography and photography services for the aforesaid functions and agreed to do the entire service by charging amount of Rs.20,000/- inclusive service tax and any other taxes. The OP was to provide the coverage data related to the wedding functions held on 24.11.2015 and 25.11.2015 by way of Album containing photographs and DVDs containing whole coverage of above ceremony of marriage. The complainant paid total agreed amount of Rs.20,000/- in cash to the OP vide receipt endorsed by the employee of the OP namely Chetan under his signatures dated 26.11.2015 and the OP assured the complainant, Album as well as DVDs containing coverage of above said functions would be delivered to the complainant within a fortnight period i.e. positively by 10th of December, 2015 but the OP failed to deliver the Album as well as DVDs within stipulated period of delivery. The complainant so many times approached OP in this regard and lastly the complainant visited the OP in person on 16.4.2016 to take delivery of Album and DVDs but on that day the OP told the complainant to pay an additional amount of Rs.21,000/- despite the fact that the complainant had already paid full and final payment of Rs.20,000/- to the OP as agreed between the parties. The OP threatened the complainant that he would destroy the Data of videography and photography related on 24.11.2015 and 25.11.2015 related to ceremony functions of marriage of daughter of the complainant, if the complainant did not pay additional amount of Rs.21,000/-. The complainant submitted that he also served legal notice dated 20.4.2016 but in vain. There was no agreement between the parties that the OP shall claimed Rs.41,000/-. The OP has illegally and forcibly been demanding Rs.21,000/- more from the complainant and failed to deliver the Album containing photographs and videography covering aforesaid functions relating marriage ceremony of daughter of the complainant. On such averments, the complainant has prayed for directing the OP to deliver the Album and DVDs to him. He has also claimed compensation and litigation expenses.
2. Upon notice, OP appeared through counsel but did not file written statement and vide order dated 2.8.2016 was proceeded against exparte.
3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavits Ex.CW1/A and Ex.CW2/B alongwith copies of documents Ex.C1 to Ex.C9 and closed his evidence.
4. We have heard the learned counsel for the complainant and minutely gone through the record.
5. From the averments and evidence produced on record by the complainant, it stands fully proved on record that the complainant took the services of OP for the coverage of videography and photography of the marriage ceremony of his daughter for 24.11.2015 and 25.11.2015. The complainant submitted that the OP entered into oral agreement with the complainant for providing videography and photography services for the aforesaid functions and agreed to do the entire service by charging amount of Rs.20,000/- inclusive service tax and any other taxes. The OP was to provide the coverage data related to the wedding functions held on 24.11.2015 and 25.11.2015 by way of Album containing photographs and DVDs containing whole coverage of above ceremony of marriage. The complainant paid total agreed amount of Rs.20,000/- in cash to the OP vide receipt endorsed by the employee of the OP namely Chetan under his signatures dated 26.11.2015 Ex.C9 and the OP assured the complainant, Album as well as DVDs containing coverage of above said functions would be delivered to the complainant within a fortnight period i.e. positively by 10th of December, 2015 but the OP failed to deliver the Album as well as DVDs within stipulated period of delivery. The complainant so many time approached OP in this regard and lastly the complainant visited the OP in person on 16.4.2016 to take delivery of Album and DVDs but on that day the OP told the complainant to pay an additional amount of Rs.21,000/- despite the fact that the complainant had already paid full and final payment of Rs.20,000/- to the OP as agreed between the parties. Rather, the OP threatened the complainant that he would destroy the Data of videography and photography related on 24.11.2015 and 25.11.2015 related to ceremony functions of marriage of daughter of the complainant, if the complainant did not pay additional amount of Rs.21,000/-. Complainant submitted that he also served legal notice dated 20.4.2016 Ex.C4 and the OP submitted reply through his counsel Sh.Virinder Sachdeva Advocate Ex.C7 in which OP admitted that the wedding functions Mata Ki Chauki, engagement function and marriage function videography and photography were done by OP on 24.11.2015 and 25.11.2015 and he received Rs.20,000/- but submitted that the charges were fixed at Rs.41,000/- and the complainant has paid Rs.20,000/-. He has to pay the balance amount of Rs.21,000/-. The OP is ready to provide the Album and DVDs to the complainant on payment of balance amount of Rs.21,000/-. Learned counsel for the complainant submitted that the agreement between the parties was to cover the functions relating to the marriage ceremony of daughter of the complainant on 24.11.2015 and 25.11.2015 by way of videography and photography by the OP on payment of total amount of Rs.20,000/- and the OP has issued receipt to the complainant Ex.C9 admitting full and final payment on 26.11.2015 which was signed by Chetan, an employee of the OP. There was no agreement between the parties that the OP shall claimed Rs.41,000/-. The OP has been illegally and forcibly demanding Rs.21,000/- more from the complainant and failed to deliver the Album containing photographs and videography covering aforesaid functions relating marriage ceremony of daughter of the complainant. Learned counsel for the complainant submitted that all this amounts to deficiency of service on the part of the OP qua the complainant.
6. It may be mentioned here that the OP was duly served in this case and it appeared through Sh.P.N.Pumbra Advocate but the OP neither filed any written statement nor paid the cost of adjournment. The OP did not turn-up and was proceeded against exparte vide order dated 2.8.2016. The complainant proved all his averments taken in the complaint through his affidavit Ex.CW1/A and also proved affidavit of one Amritpal Singh Ex.CW2/B and the complainant also proved on record the wedding card of marriage of his daughter Isha Ex.C1, bills of Catering for the functions of 24.11.2015 and 25.11.2015 Ex.C2 and Ex.C3 respectively, legal notice Ex.C4, postal receipt Ex.C6, article track of Indian Post Ex.C5, reply to the legal notice submitted by the OP through counsel Sh.Virinder Sachdeva Advocate Ex.C7, envelope Ex.C8 and receipt issued by the employee of the OP regarding receipt of Rs.20,000/- as full and final payment dated26.11.2015 Ex.C9. The case of the complainant remained unrebutted and unchallenged as the OP did not file any written statement to contest the case of the complainant nor any person from the OP dared to file affidavit or any other evidence to rebut the evidence produced on record by the complainant.
7. From the entire above discussion, we have come to the conclusion that the complainant fixed the marriage of his daughter for 25.11.2015 for which functions regarding marriage ceremony of his daughter were to be performed on 24.11.2015 and 25.11.2015 as is evident from the wedding card Ex.C1. The complainant obtained the services of the OP Rajesh Khanna, Proprietor of Khanna Digital Colour Lab, near New Railway Road, Jalandhar for the coverage by way of videography and photography of the functions relating to Mata Di Chauki and engagement ceremony to be held at the residence of the complainant on 24.11.2015 and wedding ceremony function of the marriage of complainant's daughter namely Isha on 25.11.2015 to be celebrated at Hotel Sarovar Portico, near BSF Chowk, Jalandhar. The OP entered into an oral agreement with the complainant for providing videography and photography services for the aforesaid functions at total charges of Rs.20,000/- inclusive of all taxes and the OP covered the aforesaid functions of marriage ceremony of daughter of the complainant on 24.11.2015 and 25.11.2015. The OP also received Rs.20,000/- as full and final payment of the coverage of the aforesaid functions on 24.11.2015 and 25.11.2015 vide receipt Ex.C9 which was duly signed by an employee of the OP namely Chetan and this fact has also been admitted by the OP through reply Ex.C7 to the legal notice served by the complainant upon the OP Ex.C4. In this reply Ex.C7, the OP has admitted that the OP covered the wedding function by way of videography and photography i.e. Mata Di Chauki, engagement ceremony and marriage ceremony functions on 24.11.2015 and 25.11.2015. The OP also admitted that he received Rs.20,000/- from the complainant but submitted that the charges were fixed at Rs.41,000/-. Therefore, the complainant had to pay balance amount of Rs.21,000/- to get the Album and DVDs from the OP. But the OP did not lead any evidence nor produced any document to prove that the charges fixed for the coverage of aforesaid functions relating to the marriage ceremony of daughter of the complainant on 24.11.2015 and 25.11.2015 were Rs.41,000/-. Whereas, the complainant has proved on record that an oral agreement arrived at between the parties, was to cover the aforesaid functions by way of videography and photography and to provide Album and DVDs to the complainant on charging of Rs.20,000/- only inclusive of all taxes by way of his own affidavit Ex.CW1/A and in order to corroborate his version, the complainant also examined one Amritpal Singh son of Lakhwinder Singh R/o H.No.175, Arjun Nagar, near Lamba Pind, Jalandhar through his affidavit Ex.CW2/B who also deposed that he attended all ceremonies regarding marriage of daughter of the complainant namely Isha on 24.11.2015 as well as 25.11.2015. He also deposed that the contract for videography and photography of the marriage functions was settled between the complainant and the OP in his presence for total sum of Rs.20,000/- which the OP had already received in his presence. Even the OP Sh.Rajesh Khanna himself did not dare to file his own affidavit to prove his version that the total agreed charges were Rs.41,000/- and not Rs.20,000/-. So, the complainant has succeeded in proving his case. As such, we hold that the OP has agreed to cover the functions relating to marriage ceremony of daughter of the complainant namely Isha on 24.11.2015 and 25.11.2015 by way of videography and photography and to provide Album and DVDs to the complainant on charging of Rs.20,000/- only and the OP received Rs.20,000/- as full and final payment in this regard through receipt Ex.C9. The OP covered the aforesaid functions by way of videography and photography but failed to deliver the Album and DVDs to the complainant as agreed upon despite receipt of full and final payment of Rs.20,000/-. Therefore, the OP is really in deficiency of service qua the complainant.
8. Consequently, we allow the complaint exparte with cost and the OP is directed to hand over the Album and DVDs covering the functions relating of marriage ceremony of daughter of the complainant namely Isha held on 24.11.2015 and 25.11.2015 to the complainant within 15 days from the date of receipt of copy of this order, without charging any other amount from the complainant. The OP is also directed to pay compensation to the complainant to the tune of Rs.10,000/- for harassment and mental agony suffered by the complainant and his daughter from the hands of the OP. The OP is also directed to pay the cost of litigation to the complainant to the tune of Rs.2000/-.Copies of the order be sent to the parties free of cost, under rules. File be consigned to the record room.
Dated Parminder Sharma Bhupinder Singh
30.08.2016 Member President
