BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI
Consumer Complaint No.677 of 2014
Date of institution: 01.12.2014
Date of Decision: 12.05.2015
Surjit Singh son of Hardial Singh resident of Adarsh Nagar, Street No.8, Ward No.4 Dera Bassi.
……..Complainant
Versus
Rajesh Talwar (Photographer and Movie Maker) resident of House No.3 (Ground Floor), Sector 126, Royal Home, Mundi Kharar, District SAS Nagar (Mohali).
………. Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Shri A.B. Aggarwal, Member.
Present: Complainant in person.
Opposite Party ex-parte.
(Mrs. Madhu P. Singh, President)
ORDER
The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 for issuance of following directions to the Opposite Party (for short ‘the OP’) to:
(a) handover him the video films of Ladies Sangeet, Akhand Path and Mehandi Ceremonies.
(b) pay him compensation to the tune of Rs.1.00 lac for harassment and mental tension.
The complainant has pleaded in the complaint that he availed the services of the OP for making video movies for the ladies sangeet, akhand path and mehandi ceremony in connection with the marriage of his daughter on 24.10.2013 and 26.10.2013. On the demand of the OP, the complainant paid Rs.43,000/- in cash to the OP for the above said functions but the OPs has provided only albums and video clips of marriage functions and the OP has failed to handover the video films for the ladies sangeet, mehandi ceremony and Akhand Path functions inspite of repeated requests of the complainant. Thus as per the complainant this act of the OP is deficiency in service on its part.
2. Notices sent to the OP through post and as per the report of India post, the notice was delivered to the OP on 27.01.2015. However, none appeared for him and he was thus proceeded against ex-parte vide order dated 13.02.2015.
3. Evidence of the complainant consists of his affidavit Ex.CW-1/1 and copies of documents Ex.C-1 to C-3.
4. In view of the decision of Hon’ble Uttrakhand State Consumer Disputes Redressal Commission in case titled as Consoritum Securities Pvt. Ltd. & Ors. Vs. Smt. Anjana Tyagi, 2013(3) CLT 570 by relying upon the judgment of Hon’ble National Commission in case titled as Mathura Mahto Mistry Vs. Bindeshwar Jha (Dr.) & another, 2008 (I) CLT 566, the OPs was given three opportunities to rebut the evidence of the complainant. However, none appeared for them to rebut the evidence.
5. We have heard the complainant and gone through the written arguments filed by him.
6. The complainant has availed services of the OP for making still photographs and movies for the occasion of ladies sangeet, akhand path and mehandi ceremony on 24.10.2013 and marriage ceremony of his daughter on 26.10.2013. The complainant has paid a total sum of Rs.43,000/- in cash to the OP. The perusal of the record shows that no receipt in token thereof, if any, issued by the OP has been placed on record by the complainant. The grievance of the complainant is that only two albums and video clips of marriage function has been given by the OP to the complainant and the photo album and movie relating to the ladies sangeet ceremony, akhand path and mehandi ceremony has not been handed over to the complainant. In order to prove the non delivery of video movies and photographs, the complainant has relied upon the hand written note of the OP Ex.C-3 wherein the OP has admitted having taken the photographs of sangeet ceremony on 24.10.2013 and promised to deliver the video by 15th January, 2014. Thus, the complainant has been successful in proving his case of deficiency in service on the part of the OP for which the complaint deserves to be allowed and the complainant deserves to be compensated.
7. The complaint is, therefore, allowed with the following directions to the OP to:
(a) handover the video and photographs of the sangeet ceremony to the complainant within a period of one week from the date of receipt of a certified copy of this order.
OR
If the video and photographs are not available with the OP in that eventuality pay to the complainant Rs.5,000/- (Rs. Five thousand only) within a period of thirty days from the date of receipt of a certified copy of this order.
(b) to pay a lump sum compensation of Rs.5,000/- (Rs. Five thousand only) to the complainant on account of mental agony, harassment and costs of litigation within a period of thirty days from the date of receipt of a certified copy of this order.
Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.
Pronounced.
May 12, 2015.
(Mrs. Madhu P. Singh)
President
(A.B. Aggarwal)
Member
