PER:

Nidhi Verma, Member;

1        The present complaint has been received from the District Consumer Disputes Redressal Commission Amritsar by the order of the Hon’ble State Consumer Disputes Redressal Commission Punjab, Chandigarh for its disposal.

2        The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 12  and 13 against the opposite party on the allegations that the opposite party is running a photographic shop providing services of photo shooting and all related works for all type of functions doing still and videography jobs, claiming to be best in the city. The son of the complainant. Sh. Vishal was to get married on 7^th December 2015. For that occasion, complainant as per the advertisement of opposite party, visited its shop at Nehru Complex where Mr. Ajesh Mahajan convinced the complainant that he will give best of services for the functions of son of the complainant on 6^th December as well as 7^th December 2015, covering still as well as video photography as well. Accordingly, a deal was settled for Rs. 1,40,300/- for covering the still and videography of full event and opposite party was to provide album of the full function alongwith video with full mixing effects. Opposite party issued function booking form with all details of the functions to be covered on which opposite party stapled their visiting card and provided the same in the envelop with the name of their shop printed on the same. Rs. 10,000/- were given as advance to opposite party, which were endorsed on the function booking from and no separate receipt was issued by opposite party. The complainant insisted for proper receipt for the booking amount, but it was told that proper bill and receipt shall be issued for the only after full amount is paid before function, and further it was told that 70% of the booking amount will have to be paid within one month of booking function and total amount shall be paid before first even, otherwise Opposite parties shall not gurantee availability of their services on the days fixed.   The complainant made full payment of the amount before the function, but neither opposite party issued any receipt of the same nor raised bill on the context that the same shall be issued at the time of delivery of the albums of photographs and the video so shooted during the functions on 6^th and 7^th December 2015. During the functions of 6^th, which was at residence of the complainant (Sehra Bandi) and then at golden View Resort (where the actual wedding took place) Amritsar, the photographs sent by the Opposite party were not trained persons, who clicked photographs and video in such a way that the photographs as well as video are not presentable as a function. When opposite party provided the soft copy of photographs clicked and raw copy of video to complainant after about 10 days, it was pointed out to opposite party by the complainant as well as his family that there was not a single photograph covering whole family, and moreover, no much photographs and video were there which covered whole of the actual ceremonies taken place, covering the first family of the complainant and close relatives, but was more focused on guests only and that too the poses of persons in these photographs were as casual and such like clicks were unlikely from an experienced photographs. To this Mr. Ajesh Mahajan misbehaved with the complainant and his family saying that it is not the job of photographers to let people make poses, and it is the subject in the photograph who should know how to get photograph clicked and further it was for the family of the complainant to ask photographs to get family photographs clicked or during the ceremonies, which photographs to be clicked and where. On repeated insistence with this regard, Mr. Ajesh Mahajan said that he will do something in the photographs making them more presentable, and only then supply album containing still photographs and further provide video in a different format doing some editing and mixing in the same, but it is now about 2 years when the event took place, even after repeated visits to opposite parties, neither album of photographs has been given nor video nor opposite parties have provided bills and receipts of payment so far. The said act of the opposite party by getting payment and not applying bill and receipt for the services for the life time event of marriage of the son of the complainant and these services were even otherwise of very poor quality. The complainant has prayed that the opposite parties be directed to remove the said deficiency and further directed to

(i)      Provide proper album of the photographs as well as proper edited video film of the event of the son of the complainant shooted on 6^th and 7^th December 2015

(ii)     Provide proper Bill and Receipt of Payment.

(iii)    Pay compensation to the complainant to the tune of Rs. 4,50,000/- for harassment as well as mental agony.

(iv)    Pay cost of complaint to the tune of Rs. 22,000/-.

3        After formal admission of the complaint, notice was issued to Opposite Party and opposite party appeared through counsel and filed written version and contested the complaint by interalia pleadings that the complaint is not maintainable either on the facts alleged or under the law. The complaint does not disclose any negligence, deficiency in service or any unfair trade practice on the part of the opposite party. Hence the complaint is liable to be dismissed. The complainant Rajesh Kumar Sharma has no locus standi to file the present complaint as it was complainant’s son Vishal who had entered in to agreement with Sh. Ajesh Mahajan of opposite party. All the terms and conditions were discussed with, agree and signed by Vishal. It was Vishal who has been dealing with the opposite party for most of the time thus it is Vishal who has the locus standi if any to file the present complaint and not his father Rajesh Kumar. The complainant as no cause of action. The complainant is abusing the process of law by  filing the present complaint. The complainant still owes a sum of Rs. 45,300/- to the opposite party and he wants to get the services of opposite party without paying the above said balance price for the services of the opposite party to opposite party on incorrect and incomplete facts.   The exorbitant amount has been claimed from the opposite party without any basis or rationale.  It was Vishal, the son of the complainant who visited the opposite party on 17.7.2015 and he engaged the opposite party for Videography and still photography from the boy’s and girl’s side for his forth coming marriage to be solemnized on 6^th and 7^th December 2015. The deal was struck for a sum of Rs. 1,40,300/- for covering the events from both the sides of girl as well as the boy. Mr. Vishal was made clear that the opposite party takes 70% of the total amount and the travel charges in advance as retainer and to block the dates. Without the payment of this amount, the booking is not guaranteed. The balance was payable on delivery of album and video.  But Sh. Vishal only gave a meager sum of Rs. 10,000/- and still the replying opposite party accommodated him by booking the event. Since, it was not the agreed booking amount but only a small part of it, it was noted by the opposite party on the function booking form itself. However, there was no malafide in not giving the receipt. Had there been any malafide on the part of the opposite party, the opposite party  would not have been admitted another sum of Rs. 85,000/- received from Sh. Vishal and his wife. Opposite party accommodated Sh. Vishal by guaranteeing the rendering of his services on the appointed days to both the groom and the bride. On 6^th and 7^th December 2015, the opposite party sent his professionally trained photographers who did the job to the best of their ability. All the terms and conditions are given in the function booking from dated 17.7.2015 which was brought to the notice of Sh. Vishal, there were discussed with Sh. Vishal who agreed with these terms and conditions, accepted these and as a token signed the same. The complainant is yet to pay the balance amount of Rs. 45,300/- as stated above to the opposite party. Sh. Vishal gave Rs. 10,000/- on 17.5.2015 to opposite party and Rs. 50,000/- was given to the boys of opposite party on 4.12.2015 from the boy’s side at their place. From the girl’s side a sum of Rs. 20,000/- was paid to the boys on 6.12.2015 and another sum of s. 15,000/- was given to the boys by girl’s side on 7.12.2015. These amounts were paid at their respective places by the boy’s side and girl’s side. No formal receipt could be issued. The endorsement of the amount received was made on function booking form itself. The staff of the opposite party well trained persons who clicked the photographs and video and the results are very good. The complainant may be asked to explain and prove as to what does he mean by presentable and how and on what yard stick he says that the photographs are not presentable. Coming now to supply of album and video, it is submitted that according to Vishal his wife was doing Ph.D. the opposite party kept on telling Vishal time and again that he should select the photographs of which the album was to be made as out of a number of photographs only about 300 photographs were to be selected to make the album. Two selections had to be made for making two albums, one for girl’s side and the other for boy’s side. Vishal kept on telling the opposite party that his wife is busy doing Ph.D and once she is free from her Ph.D, he alongwith his wife will make the selection of photographs to be included in the albums. Throughout this period complainant Rajesh Sharma was not in picture. It took over a year for Vishal and his wife to do the needful though  opposite party has been telling them that the opposite party cannot preserve the date for more than 6 months from the date of function is clicked, still opposite party preserved the data on request of Vishal and instead of being thankful the complainant has come up with the present baseless complaint. After about 1.5 years of the event Vishal and his wife selected the photographs and told the names of the relatives and it was only thereafter that opposite party was able to start his job. The opposite party prepared the designs of the album and edited the video and called Vishal and his wife to check. Again Vishal and his wife took about two months for checking the designs. These designs had to make and remade for 3/4 times as Vishal and his wife  did not like the designs. At last boy’s side album was finalized and opposite party made it. In so far as album of girl’s side is concerned Vishal and his wife said that opposite party should mail the photographs to the father of the girl at Patiala who will finalize the photographs and designs and thereafter the album should be printed. But so far they have not finalized the designs. Thereafter the complainant came in to picture and demanded boy’s side album and video on which opposite party demanded his balance amount of Rs. 45,300/- but they did not give the amount. The opposite party however gave the video without money but did not give the album. Vishal stated that he will make the payment when the girl’s side album is also prepared. But the complainant came to the shop of the opposite party and tried to bully the opposite party by threatening  that his wife was some highly placed official and he will harass the opposite party and he will harass the opposite party. He stated that he will bring people who will give Dharna in front of the shop of the opposite party in order to overawe the opposite party and now this complaint has come. The delay is solely attributable to Vishal and his wife and opposite party is not at fault. The bills and receipts will be issued once the full payment is made. The opposite party acknowledges the amount received by him as stated above. The opposite party has denied the other contents of the complaint and prayed for dismissal of the same.

4        To prove the case of the complainant, Ld. counsel for the complainant tendered in evidence affidavit of complainant Ex. C-1 alongwith documents Ex. C-2 to Ex. C-5 and closed the evidence. On the other hands, Ld. counsel for the opposite party tendered in evidence affidavit of Ajesh Mahajan Ex. OP1, true copy of function booking form Ex. OP2 and closed the evidence. 

5        We have heard the Ld. counsel for the complainant and opposite party and have gone through the record on the file.

6        In the present complaint , the son of the complainant (Vishal) was to get married  On 7^th December 2015. For that occasion complainant visited opposite party where Mr Ajesh Mahajan convinced the complainant that he will give the best service for the function of son of the complainant on 6^th and 7^th December 2015 covering still as well as video photography , a deal was settled for Rs 140300/- ( Opposite party will cover still ,videography of full event ,provide album of the full function along with video with full mixing  effect ) . Opposite party issued function booking form with all details of the functions to be covered (Ex.C 3) and in advance complainant gave ₹10,000 and no separate receipt was issued by OP. The complainant  insisted  for proper receipt for the booking amount but it was told that proper bill and receipt shall be issued for the only after full amount is paid before function and further it was told that 70% of the booking amount will have to be paid within one month of the booking function. The complaint made full payment of the amount before the function but neither opposite party issued any receipt for the same nor raised bill on the  context .The same shall be issued at the time of delivery of the albums of photographs and video show shoot during the function on 6^th and 7^th December 2015. When Opposite party provided the soft copy of photographs clicked and raw copy of video to the complaint after about 10 days it was pointed out to the opposite party by the complainant as well as his family that there was not a single photograph covering whole family moreover pictures and videos were not so presentable as a function , seems clicked by not trained persons. It is now about 2 years when the event took place, even after repeated visits to OP , neither album of photographs has been given  nor video , nor opposite party has provided bills and receipts of payment so far . Opposite party stated in their written version that it was Vishal, the son of the complainant who visited the OP on 17.07.2015 and he engaged the opposite party for  videography and still photography from the groom as well as bride side for his forthcoming marriage. The deal was struck for a sum of Rs 140300/- covering the event from both the sides. Opposite Party made it clear to Vishal that 70% of the total amount and travel charges in advance to be paid without which booking is not guaranteed. Vishal paid only 10,000/- so opposite party noted the same on booking form and there was no malafide in not giving the receipt. Payment details are as below:-

• On dated 17.07 .2015 ,Vishal gave 10000 to OP.
• On 4.12.2015 , Groom side gave 50,000/- to OP.
• On 06.12.2015, bride side gave 20,000/- to OP.
• On 07.12.2015 , bride side gave 15,000/- to OP.

These amounts were paid at their respective places so no formal receipt were issued. However , same is mentioned on booking form itself (Ex OP-2) and balance amount of Rs 45300/- still remains to be paid till date. Further , opposite party stated in their plea that the staff of the opposite party was trained and experienced and all the family members, Events,  guests and ceremonies were covered and furthermore it was for the family members to tell if any specific person watch to be covered during photography and which they never told.  Coming now to the supply of album and video it is submitted that according to Vishal his wife was doing Ph.D the opposite party kept on telling Vishal time to time that he should select the photographs of which the album was to be made as out of a number of photographs only about 300 photographs for to be selected to make the album but Vishal kept on telling the opposite party that his wife is busy doing Ph.D and once she is free from her Ph.D he alongwith his wife will make the selection of photographs to be included in picture it took over a year for Vishal and his wife to do the needful through opposite party has been telling it took over a year for Vishal and his wife to do the needful. After about one and half years of the event Vishal and his wife selected the photographs and told the name of the relatives and it was only there after the opposite party was able to start his job. But so far bride side pictures are still not finalized by them. There after , opposite party gave the video without money but did not have the album . Vishal stated that he will make the payment when the girl’s  side album is also done. The delay is solely attributable to Vishal and his wife and OP is not at fault.

7        Further to prove their point, the complainant needs to place on record the proof of the same , as they have paid the full amount to the opposite party but didn’t  receive the receipt for the same this shows that still some payment might be pending from their side . Moreover ,they took some time for the selection of the raw photos for which delay in preparing album occurs from the side of opposite party and if not they have to prove their point . The complainant engaged the opposite party for their functions after checking their work and opposite party will perform their duty by providing complete set whatever agreed between them. On the one hand the complainant is alleging that he has not received the Album from the opposite party well within time, opposite party is alleging that he has not received the full and final payment from the complainant. As such same balance amount is pending against the complainant.  As both parties failed to provide receipt for the payment and as per the function booking form on record it is very much clear that some payment of the OP is still pending as well as album and video is also pending by OP and as per terms and conditions on the same form :

“ Rest of the amount need to be paid on delivery of album and video.”

8        From the perusal of function booking form it is very much clear that Rajesh Kumar has booked the function and paid the amount to opposite party, as such, he is a consumer of the opposite party.   

9        In view of the above discussion the complaint is disposed of with the directions to the opposite party to provide the complete set of album and video of groom and bride side to the complainant on payment of balance amount to the opposite parties. The parties are left to bear their own costs. Copy of order will be supplied by District Consumer Disputes Redressal Commission, Amritsar to the parties as per rules. File be sent back to the District consumer Disputes Redressal Commission, Amritsar.

Announced in Open Commission

15.09.2022