BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.389 of 2023
Date of Instt. 25.09.2023
Date of Decision: 22.08.2024
Raja Gupta S/o Sh. Manoj Kumar Gupta, R/o H. No.118/3, Guru Nanak Nagar, Kapurthala Road, Jalandhar.
..........Complainant
Versus
1. Sahib Photography, 1060, Guru Nanak Nagar, Basti Mithu, Jalandhar.
2. Rayansh Rathore, Proprietor/Partner/Manager/Authorized Person of Sahib Photography, 1060, Guru Nanak Nagar, Basti Mithu, Jalandhar.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. Gaganpreet Singh, Adv. Counsel for the Complainant.
OP exparte.
Order
Jyotsna (Member)
1. The instant complaint has been filed by the complainant, wherein it is alleged that in the month of January, 2021 the complainant had appointed the OP for shooting his marriage film, Photos and Pre- wedding shooting. At the time of appointment for shooting the marriage film, photos and pre wedding shooting, the OP No.2 had demanded Rs.95,000/- as full and final package for film and album of marriage function and the same was accepted by the complainant and ready to purchase the package given by the OP No.2 and booked the OPs No.1 and 2 after paying some advance amount of Rs.21,000/- to the OP No.2. In the month of April 2021 the OPs shoot the complainant's pre-wedding film on 6th April 2021 in Phillaur and on 9th April 2021 in Dharamshala, and also received Rs.9,000/- on 9th April 2021, but till today the OPs have never shown and never given any pre wedding film to the complainant. The OPs had also agreed that the above said pre-wedding film would be played on wedding day of the complainant i.e. 30.04.2021, but the OP has failed to play the pre wedding shoot on wedding day of the complainant. The OP has also shoot the wedding film and photos of the marriage of the complainant on dated 30.04.2021 and received Rs.30,000/- on same day, but till today the OPs have not given the any material of wedding photo/Album, marriage film and pre wedding film of the complainant. After some days of wedding when the complainant demanded the photos and film from the OPs, the OPs have demanded the balance amount and one hard disk of 2 TB from the complainant to give the wedding material to the complainant and the said demand of hard disk of 2 TB and the balance Rs.35000/- was fulfilled and the complainant had given hard disk of 2 TB along with balance amount of Rs.35,000/- as full and final payment to the OP No.2. The OPs have received Rs.95,000/- and one hard disk of 2 TB from the complainant as per their demand but till today the OPs have not given any wedding material, photos, pre wedding film and wedding film to the complainant. Thereafter many times the complainant visited to the workplace of the OPs and demanded the hard disk, wedding material, photos, pre wedding film and wedding film, but the OPs kept on lingering on the matter on one pretext or the other by giving false assurances to the complainant and few days ago ultimately, the OP has flatly refused to give the wedding material, photos, pre wedding film and wedding film to the complainant and whatsapp chat conversation is also made between the complainant and OP No.2. The complainant has served a legal notice on dated 15.07.2023 upon the OPs, but all in vain and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to handover the above said material i.e. wedding material, photos, pre-wedding film and wedding film in 2 TB hard disk to the complainant and to pay a compensation of Rs.1,00,000/- for causing damages, financial loss and mental harassment & agony to the complainant and Rs.50,000/- as litigation expenses.
2. Notice of the complaint was given to the OPs and accordingly, Mr. Balwinder Singh appeared on behalf of the OPs, but failed to file written statement after availing opportunities and thereafter failed to appear and ultimately both the OPs were proceeded against exparte.
3. In order to prove his respective version, the counsel for the complainant has produced on the file his respective evidence.
4. We have heard the learned counsel for the complainant and have also gone through the case file very minutely.
5. The case of the complainant is that the complainant had hired the services of the OPs for shooting his marriage film, photos and pre-wedding shooting for total package amount of Rs.95,000/-. The marriage of the complainant was fixed for 30 April, 2021, which is proved by Ex.C-1. The OPs shot the complainant’s pre-wedding film on 06.04.2021 in Phillaur and on 09.04.2021 in Dharamshala. The OP also shot the wedding film on 30.04.2021, but failed to play the pre-wedding films on wedding day i.e. 30.04.2021. The complainant had given an advance of Rs.21,000/- to OP No.2 at the time of booking. A further sum of Rs.9000/- was paid to the OPs on 09.04.2021 at the time of pre-wedding shooting. Further sum of Rs.30,000/- was paid to the OPs on the day of wedding i.e. 30.04.2021. After the marriage the balance amount of Rs.35,000/- alongwith a hard disk of 2TB, for providing the films, was given as full and final payment to the OP No.2. The complainant has placed on record the copies of WhatsApp Chat to prove the above facts (Ex.C-2), but the OPs have failed to provide the film and photos to the complainant. Legal notice and receipt of legal notice are Ex.C-3, Ex.C-4 and Ex.C-5.
6. On the other hand, the OPs have not come to contest the case. So, the version of the complainant remained un-rebutted and un- challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-5.
7. In view of the above detailed discussion, we have come to the conclusion that the complainant has paid the full agreed amount to the OPs but still after more than three years of marriage, he has not received the films, album of his marriage. Thus, the complainant has suffered in the hands of OPs and there is deficiency in service and unfair trade practice on the part of the OPs and accordingly, the complaint of the complainant is partly allowed and OPs are directed to deliver the photo album and films of the marriage and pre-wedding shoots in hard disk provided by the complainant within 15 days from the receipt of the copy of order, failing which the OPs are directed to return the full amount of Rs.95,000/- alongwith interest @ 6% per annum from the date of payment till realization. Further, OPs are directed to pay a compensation of Rs.40,000/- for causing mental tension and harassment to the complainant and Rs.8000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
22.08.2024 Member Member President
