The case of the complainant in a nutshell is that the complainant entered into an agreement with the Opposite party for taking photographs and Video for the purpose of his marriage ceremony dated 10.3.2016 and Fulsajja dated 13.03.2016 and for this purpose the complainant paid Rs.31,500/- on 22.3.2016 to the Opposite party. Although the Opposite party took photographs and video recording of the marriage ceremony of the complainant but till date the Op could
not supply the photographs and Video cassette to the complainant. The complainant went to the shop of the Opposite party on several occasion but the oP did not pay any heed to the utter cry of the complainant. Lastly, on 18.12.2016 when the complainant went to the shop of the Op for getting the photographs , the Opposite party used vulgar language to the complainant and driven him out from his shop. Hence, the complainant filed this case.
Complainant filed photo copy of receipt issued by the Opposite party . Complainant also filed Evidence in chief. Op on the other hand filed original copy of receipt , Evidence in chief and Written Notes of argument.
The Opposite party contested the case by filing Written version denying inter alia all material allegations. The positive case of the op is that he took photographs in the marriage ceremony of Antu Mistry i.e. the complainant herein . Thereafter on 22.3.2016 the OP handed over the Video Photography Canvera Album etc. to the petitioner. The complainant paid Rs.31,500/- to the Op and the Opposite party issued proper money receipt in favour of the complainant. As and when , the Op delivered the photography to the petitioner, the petitioner has no locus standi to file the case. Hence the Op prays for dismissal of the case.
Upon pleadings, Written version and the documents filed by both the parties the following points are framed for proper adjudication of this case.
Points
- Whether the petitioner is a Consumer ?
- Whether there is any deficiency in service on the part of the oP ?
- Whether the complainant is entitled to get relief as prayed for ?
DECISION WITH REASONS :
All the above points are taken together for the sake of convenience and brevity of discussion.
It is admitted position that Op took Rs.31,500/- from the complainant. Op has admitted it in his Written version and Affidavit in chief along with one receipt dated 22.3.2016. Op’s case that he delivered the photography to the complainant is not proved by the Op by adducing any evidence that he handed over the photography to the petitioner. No eye witness or any other papers have been filed by the Opposite party to establish that the op has handed over the all photography to the complainant taken during the complete course of marriage
ceremony within the stipulated period as admitted by the both sides. In evidence Op stated he has performed his job efficiently and he took photographs in the marriage ceremony on 10.3.2016, 11.3.16 and 13.3.2016 and on 22.3.2016 he delivered the photography. But there is no iota of evidence before us to establish his contention by any means either oral evidence , documentary evidence or mechanical evidence . In absence of such evidence we are of opinion that complainant’s case succeed and the complainant is entitle to get adequate relief as per Consumer Protection Act 1986. Hence it is –
Ordered
That the CC no. 10 of 2017 be and the same is allowed on contest. The Opposite party is directed to pay Rs.31,500/- to the complainant as per bill dated 22.3.2016 issued by the Opposite party. The opposite party is also directed to pay Rs.10,000/- to the complainant towards compensation for his mental agony , harassment and pain. The Op is further directed to pay Rs.10,000/- to the complainant towards litigation cost.
The Op is directed to comply the above order within 30 days by issuing A/c payee cheque in the name of the complainant of the above amount i.d. Rs.200/-
per day shall be imposed upon the OP (after the statutory period of 30 days ) and that amount shall be deposited to the Consumer Legal Aid Fund till full payment is made.
Let a copy of this order be made over to the parties free of cost.
