O R D E R
Sri. George Baby (President):
The complainant is filed u/s.12 of the C.P. Act 1986 by the complainant for getting the relief from the opposite party.
2. The complainant case is brief as follows: That the complainant had entrusted catering, decoration, transportation, photography and videography etc to the opposite party for the marriage ceremony of complainant daughter for the agreement rate of Rs. 1,60,000/-. The complainant had paid the said entire amount to the opposite party and he did all the works well. But the opposite party had not given the video and photo album to the complainant till this time. Thus the complainant had filed this complaint for the direction against the opposite party to provide the video and photo album of the marriage ceremony of his daughter or in the aulterate allow to recoverRs. 40,000/- along with compensation of Rs. 10,000/- from the opposite party.
3. The Forum entertained the complaint and issued notice to the opposite party for his appearance. The opposite party has refused to accept the notice issued from this Forum and subsequently on 23/10/2019 the opposite party has declared ex-parte.
4. This Forum peruse the complaint, verify the records and following issues were settled for determination.
1. Whether the complainant is entitled to get relief from the
Forum?
2. Whether the complainant is entitled to get compensation?
5. In order to prove the case of the complainant,the complainant had filed proof affidavit in lieu of chief examination and the complainant is examined as PW1 and marked Exhibits A1 through the complainant. Exhibit A1 is the receipt dated:27/04/2018 issued by the opposite party. After the closure evidence we heard the complainant.
4. Point No. 1:-The complainant specific case is that he had entrusted catering, decoration videography, photography etc to the opposite party for the marriage ceremony of his daughter as the agreement rate of Rs. 1,60,000/- and the complainant paid the entire sum as agreement. Even though the complainant had paid the total agreed amount to the opposite party, the opposite party has not provided the videography and photography of the marriage to the complainant till this time. There is no evidence to disprove the contentions of the complainant. That we find that the non-retuning of videography and photo album of marriage ceremony with in a reasonable period of time to the complainant amounts to the gross deficiency in service of the opposite party and at any rate the opposite party is liable to return the same to the complainant and as a consumer the complainant is entitled for the relief and hence we found Point No.I in favour of the complainant.
5.Point No. II :- It is the fact come out in evidence that the opposite party has not yet returned the videography and photo album of the marriage ceremony of the complainant’s daughter even though the opposite party had received the amount for the same. As far as concerned with the complaint the marriage ceremony of his daughter is a memorable and joyful event to him The non-returning of videography and photo album definitely caused much mental pain to the complainant and he is entitled to get reasonable compensation form the opposite party and hence Point No.II is also found in favour of complainant.
6. In the result we pass the following orders:
1. The opposite party is directed to return the videography and
photo album of the marriage of the complainant’s daughter
within 15 days from the date of receipt of this order to the
complainantfailing which the opposite party is directed to
pay an amount of Rs. 40,000/- (Rupees Forty Thousand only
to the complainant with 10% interest from the date of order
onwards.
2. The opposite party is directed to pay an amount of Rs.
10,000/-(Rupees Ten Thousand only) as compensation to the
complainant with 10% interest from the date of order
onwards.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 29thday of November, 2019.
(Sd/-)
George Baby,
(President)
Smt. N. ShajithaBeevi (Member-I) : (Sd/-)
Sri.NishadThankappan (Member-II) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1:Sam T Thomas
Exhibits marked on the side of the complainant:
A1: Receipt dated:27/04/2018 issued by the opposite party
Witness examined on the side of the opposite parties:Nil.
Exhibits marked on the side of the opposite parties: Nil.
Copy to:- (1) Sam T Thomas,
ThannimoottilVeedu,VadaserikkaraP.O,
Pathanamthitta - 689662
(2)Shibu,
Emmunuel Catering & Events,Kadammanitta,
Pathanamthitta– 689649
(3) The Stock File.
