Delhi

North

CC/84/2019

HIRDYESH PANT - Complainant(s)

Versus

RUNNING RENDERS & ANR. - Opp.Party(s)

PUNEET SRIVASTAVA

11 Dec 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

Consumer Complaint No. 84/2019

In the matter of

1. Hirdyesh Pant

S/o Late Shri Sohan Chandra Pant

R/o H-1, 2^nd floor

Right side flat, Arjun Nagar

Safdarjung Enclave

New Delhi-110029                                                           ...Complainant

 

2. Versha Janartha

W/o Hirdyesh Pant

R/o H-1, 2^nd floor

Right side flat, Arjun Nagar

Safdarjung Enclave

New Delhi-110029                                                              ...Complainant

v/s

1. Running Renders

Through Shri Narendra Bhardwaj @Nady (proprietor)

R/o 1594, Chandrawal Nagar, Kamla Nagar

Near Clock Tower

New Delhi-110007                                                           ... Opposite party

 

2. Narendra Bhardwaj @Nady (deleted vide order dated 25/07/2019)

R/o C-104, Kabir Apartment

Kishangarh, Vasant Kunj

New Delhi-110070                                                           ... Opposite party

 

ORDER

          11/12/2023

Ms.Harpreet Kaur Charya, Member

1. The present complaint has been filed by Sh.Hirdyesh Pant, complainant No.1 and Ms.Versha Janartha, Complainant No.2 against Running Renders, the OP with the allegations of deficiency in services. 
2. Facts necessary for the disposal of the present complaint are that, the Complainant No.1 and Complainant No.2 engaged OP to cover their            pre-wedding shoot along with video coverage through www.urbanclap.com on 19/07/2016 for their wedding to be held on 01/12/2016.
3. On 22/07/2016, OP contacted the complainants through ‘Urbane Clap’ portraying to be best in photography services in Delhi.  The complainants were promised by the OP that one traditional cinematographer, one traditional videographer and one candid photographer will shoot ceremony to be held on 30/11/2016 and 01/12/2016 as well as pre-wedding pictures and videos. OP offered a package for Rs.1,20,000/- which included one album (35 sheets matte finish), one teaser video (5 minutes duration) and one full length video.
4. As per the complaint, OP promised that photographers would be present on each location and shared quotations.  Complainant paid Rs.10,000/- in cash as advance on 26/08/2016 which was confirmed via email dated 06/09/2016 and 24/12/2016. A cheque bearing no.959988 dated:  04/11/2016, for Rs.50,000/- drawn upon State Bank of India, R.K.Puram, Sector-1 Branch, New Delhi was issued by Smt. Anubha Pant, mother of Complainant No.1 to Sh. Narender Bhardwaj, the proprietor of OP-1.  Cheques bearing No.000543 and 000554 dated 07/12/2016 for Rs.30,000/- and Rs.20,000/- respectively were issued by the father of complainant No.2 in the name of Sh. Shashank Prajapati, partner of the OP.
5. The complainants have further alleged that OP-2 also runs another proprietary firm by the name of ‘Mohe Wedding’. OP did not send any photographer to cover the Haldi function on 30/11/2016 at the groom’s place nor did they cover the Haldi and Mehandi function held at the bride’s place.   OP not only failed to provide album or video highlights to the complainants but also the pre-wedding and traditional video data of the wedding ceremony held on 01/12/2016 i.e. Pheras and Vidai.
6. The complainants have alleged that OP only captured few photographs and some videos of the function and that too not of the Pheras and Vidai. 
7. Despite several requests, OP failed to handover the photographs and videos.  Complainants have further alleged that upon enquiring from the team of OP it has come to their knowledge that most of the videos and photographs have been deleted. A police complaint vide DD No.28B on 28/07/2018 was lodged with PS:Vasant Kunj.
8. Legal notice dated 14/03/2019 was served upon OPs which was returned by OP-2.
9. The complainants have submitted that they have paid Rs.1,10,000/- in total to OP ,however, the OP has failed to provide the services as promised which has ruined their once in lifetime event.
10. As OP is deficient in rendering services, this has caused mental agony and harassment to the complainants, thus, the complainants have prayed for directions to OP to refund Rs.1,10,000/- along with interest @24% p.a. from the date of first  payment i.e. from 26/08/2016 till realization; Rs.2,50,000/- on account of compensation for mental harassment and agony and Rs.3,000/- as cost of legal notice. 
11. The complainants have annexed copy of quotation for wedding as Annexure-A. confirmation letter for –as Annexure-B, police complaint dated 28/07/2018 vide DD No.28B as Annexure-C, legal notice dated 14/03/2019 along with postal receipts as  Annexure-D(colly), tracking report as Annexure-E (colly), the returned envelope containing legal notice as Annexure-G, copy of passport of complainant No.-1 and complainant No.2 are Annexure C-1 and C-2 respectively.
12. Notice of the present complaint was served upon OP.
13. During the pendency of the complaint, OP-2, the proprietor of OP-1, was deleted from the array of parties. Despite, service neither any reply nor anyone appeared on behalf of OP-1, hence they were proceeded Ex-parte vide order dated 25/07/2019. 
14. Ex-parte evidence was filed on behalf of the complainants. Sh. Hirdyesh Pant, complainant no.1 has got himself examined as PW-1 and reiterated the contents of the complaint and Ms.Versha Janartha, complainant no.2 has got herself examined as PW-2.
15. They have relied upon documents annexed with the complaint and have got them exhibited as copy of quotation sent by the OP as Ex.PW-1/A, copy of invoice/confirmation letter as Ex.PW-1/B, copy of police complaint as Ex.PW-1/C, Copy of legal notice with postal receipts and tracking record and retuned envelope as Ex.PW-1/D (Colly), evidence by way of affidavit as Ex.PW-1/1.
16. We have heard the submission of Ld. Advocate for the complainant and have perused the material placed on record. As per Ex. PW-1A, the total amount to be paid for the event coverage was Rs.1,20,000/- and receipt of  Rs. 1,10,000/-has been admitted by Sh.Narendra Bhardwaj, on behalf of OP Ex.PW1/B.   Same is reaffirmed vide Ex.PW1/C which is the police complaint addressed to the SHO dated 28/07/2018 vide DD No.28B.  thus the complainant has successfully proved his allegations of deficiency in services against OP.  As OP has been proceeded ex-parte, the allegations made against them have remained unrebutted.
17. Marriage is one of the most important milestones in anyone’s life and photographs and videos are the documented moments which can be cherished and preserved for years.  Complainants had engaged OP for capturing/preserving key moments of their lives and creating memories.   In the present complaint, OP did not deliver the video coverage as well as the photographs of the pre-wedding shoot and wedding event of the complainants, which is once in a life time event.   The OP has deprived the complainants from creating memories, which has definitely caused mental harassment and agony to the complainants, which cannot be quantified.  However, we feel they are entitled for compensation.
18. Therefore, in the facts and circumstance of the present complaint and in the interest of justice, we direct OP to :-

1. Refund of Rs.1,10,000/- received on account of event coverage.
2. Interest @7% p.a. on the amount received by OP from the date of respective payment received.
3. Rs.31,000/- as compensation on account of mental harassment and agony inclusive of litigation expenses.

The order be complied within 30 days from the date of receipt of this order.  In case of non-compliance, OP-1 shall be liable to pay interest @9% per annum on (a+c)   from the date of order till realisation.

Office is directed to supply the copy of this order to the parties as per rules. Order be also uploaded on the website.  Thereafter, file be consigned to the record room.

 

(Harpreet Kaur Charya)             Member	(Divya Jyoti Jaipuriar)                                 President