DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Tuesday the 30th day of April 2024
CC.89/2024
Complainants
- Adarsh. S,
‘Kanavu’, Nadakkuthazhe (PO),
Vadakara, Kozhikode.
- Digina. V.P,
‘Digi vihar’, Koovakkool,
Onchiyam P.O,
Vadakara, Kozhikode.
Opposite Party
Saleesh Kumar,
Valiyakuni, Edakkulam (P.O),
Koyilandy,Kozhikode.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The first complainant entrusted the photography and videography of his marriage to be held on 14/01/2023 to the opposite party. It was agreed between the first complainant and the opposite party that the services of photography and videography would be provided for an amount of Rs. 55,000/- out of which, Rs. 10,000/- to be paid in advance, Rs. 30,000/- to be paid after the day of wedding and the remaining Rs. 15,000/- to be paid after entrustment of all photos and videos to the first complainant. The first complainant made the payment as agreed and the total amount paid comes to Rs. 40,000/-.
- On 14/01/2023 on the marriage day, the opposite party took the photos and videos. But the delivery of the services has been significantly delayed and remains incomplete. The photo album was received only on 02/09/2023 and the reception day video on 18/11/2023. But the crucial wedding video and highlights are not yet received. The repeated requests of the complainant to the opposite party in this regard have fallen on deaf ears. Even lawyer notice issued has evoked no response. Hence the complainant to direct the opposite party to deliver the wedding video and its highlights and to refund Rs. 40,000/- and to pay compensation of Rs. 2,50,000/-.
- The opposite party was set ex-parte.
- The points that arise for determination in this complaint are;
- Whether there was any unfair trade practice or deficiency of service on the part of the opposite party, as alleged?
- Reliefs and costs.
- PW1 was examined and Exts A1 to A4 were marked.
- Heard.
- Point No.1:- The complainants have approached this Commission alleging unfair trade practice and deficiency of service on the part of the opposite party. The specific allegation is that there was failure on the part of the opposite party to provide the agreed upon services despite receiving the advance amount of Rs. 40,000/-.
- PW1, who is none other than the first complainant, has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 series are the screen short of payments made through Google pay, Ext A2 series are the screen shorts of instagram and watsapp chat between the first complainant and the opposite party, Ext A3 is the copy of the lawyer notice dated 18/09/2023 and Ext A4 is the copy of the complaint lodged in the Vadakara Police station by the first complainant.
- It is averred in the complaint that despite fulfilling the financial commitment with an advance of Rs. 40,000/-, the delivery of services have been significantly delayed and remained incomplete as only the photo album and the reception day video were handed over to him and the wedding video and highlights are still pending. Ext A1 series proves the payment of Rs. 40,000/- to the opposite party. Ext A2 series reveal that the complainant was repeatedly contacting and reminding the opposite party to deliver the wedding video and photographs. Finally he was constrained to issue Ext A3 lawyer notice and that also has evoked no response. Ext A4 police complaint was also lodged, which ensures the authenticity and genuineness of PW1’s grievance.
- The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. The delayed delivery of the photo album and the reception video and the non-delivery of the wedding video and highlights constitute unfair trade practice and gross deficiency of service on the part of the opposite party. The opposite party is bound to deliver the wedding video and highlights to the first complainant. Undoubtedly, the negligent and irresponsible act and conduct of the opposite party has resulted in gross mental agony, emotional stress and hardship to the first complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 1,00,000/- will be reasonable compensation in this regard. The complainant is also entitled get Rs. 2,500/- as cost of the proceedings.
- Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
a) CC.89/2024 is allowed in part.
b) The opposite party is hereby directed to deliver the wedding video and highlights to the first complainant within 30 days of the receipt of copy of this order, upon which, the first complainant shall pay the balance amount of Rs. 15,000/- to the opposite party.
c) The opposite party is directed to pay a sum of Rs. 1,00,000/- (Rupees one lakh only) as compensation to the first complainant for the mental agony and hardship suffered, within 30 days of the receipt of copy of this order, failing which, the amount shall carry an interest of 9% per annum from the date of this order till actual payment.
d) The opposite party is directed to pay a sum of Rs. 2,500/- (Rupees two thousand five hundred only) as cost of the proceedings to the complainant.
Pronounced in open Commission on this, the 30th day of April, 2024.
Date of Filing: 20.02.2024
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
APPENDIX
Exhibits for the Complainant :
Ext A1 series - Screen short of payments made through Google pay
Ext A2 series - Screen shorts of instagram and watsapp chat between the first
complainant and the opposite party
Ext A3 - Copy of the lawyer notice dated 18/09/2023
Ext A4-Copy of the complaint lodged in the Vadakara Police station by the first complainant.
Exhibits for the Opposite Party
Nil.
Witnesses for the Complainant
PW1 -Adarsh.S
Witnesses for the opposite party
Nil.
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
True Copy,
Sd/-
Assistant Registrar.