DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 20th day of February 2018
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 07/12/2017
: Sri.V.P.Anantha Narayanan, Member
(C.C.No.184/2017)
Suraj Viswanathan,
S/o Viswanathan,
Vettikkattu House,
Near Water Tank,
Kanjikode,
Palakkad – 678 621. - Complainant
(By.Adv.G.Jayachandran)
V/s
Shukoor Ali, - Opposite party
S/o Moideenkutty Haji,
Thottathil House,
Valiyora Puthanangadi,
Vengara – 676 304.
O R D E R
By Sri. V.P.Anantha Narayanan, Member
Complainant’s case is as follows.
Complainant’s wedding took place on December 8, 2016 at Parvathy Kalyanamandapam, Palakkad. For photography of his wedding, the firm owned by the opposite party, namely, ‘Digi Mix Wedding Filmer’ was entrusted. According to the complainant, for his cousin’s marriage also the above firm had taken photography and since their wedding album was liked, on that basis complainant contacted Digi Mix photography. For the wedding photography, an advance of Rs. 50,000/- demanded by the opposite party was transferred to opposite party’s account on 03.10.2016. After that, to the account of opposite party’s friend on 10.12.2016 Rs.40,000/- was transferred, as demanded by the opposite party. Afterwards on 22.12.2016, as informed by the opposite party that opposite party’s mother was in hospital in serious condition and there was need for money, on 02.01.2017 Rs.15,000/- was also transferred to the opposite party’s account. As per the quotation given to the complainant by the opposite party, after taking wedding photos, within 30 to 40 days wedding album of 40 pages, wedding highlights video, wedding full version video were promised to be given by the opposite party to the complainant. But the promo, video promised to be given on the next day of the marriage was not given even after one year and photos for the album were given only after 4 months. According to the complainant, since he was in hospital for his father’s treatment, in August photos selected for the album were sent. Although, opposite party received the same, he did not give the album and the above mentioned videos at the promised time and when they were demanded excuses were told by the opposite party. According to the complainant, from Rs.3 lakh loan taken for his marriage, complainant had given Rs.1,05,000/- to the opposite party. Since photography was arranged by the complainant, from his and his wife’s families’ complainant suffered mental pressure which is only due to deficiency in service on the side of the opposite party. Complainant further pleads that though his father-in-law tried to contact the opposite party many times over phone, telling many excuses opposite party evaded. Also, according to the complainant, his father-in-law was threatened by the opposite party. According to the complainant, opposite party used Rs.1,05,000/- collected from him in different times for his personal purpose. As per the promise given by the opposite party, within 30 to 40 days photo album, video etc. were not given and the quotation given by him in this regard was not executed. According to the complainant, the opposite party also misbehaved with him and his relatives and due to his actions complainant suffered financially and mentally which amounted to his deficiency in service. Hence the complainant prays to the Hon’ble Forum, to direct the opposite party to give him the wedding album, videos etc. immediately and provide him with a compensation of Rs.3 lakh for his financial and mental sufferings.
Complaint was admitted and notice was sent to opposite party to enter appearance and file version. Notice to opposite party, though served, his name called absent and he was set ex-parte.
Complainant filed chief affidavit and documents marked as Exts.A1 to A4. Complainant was also heard.
The following issues are framed in this case.
- Whether there is any deficiency in service from the side of the opposite party?
- If so, what is the relief and cost available to the complainant?
Issues No.1 & 2
Complainant has the case that, although for his wedding that happened on December 8, 2016, photography was arranged with the opposite party owned firm “Digi Mix Wedding Filmer” by paying an advance of Rs.50,000/- on 03.10.2016 to the opposite party. The wedding invitation is marked as Ext.A3 which indicates proposed conduct of the marriage of the complainant on 8th December, 2016, at Sree Parvathy Kalyanamandapam, Chandranagar, Palakkad. As per the request of the opposite party Rs. 55,000/- (Rupees Fifty Five Thousand only) were also transferred from complainant’ s account as per Ext. A1. which is a statement issued by South Indian Bank showing Rs.50,000, Rs.40,000/- and Rs.15,000/- were transferred from complainant’s account on 03.10.2016, 10.12.2016 and 02nd January 2017 respectively . As per the quotation given by the opposite party vide Ext.A2, output will be delivered in 30 to 40 working days. Ext.A2 also mentions output delivery time as 40 to 50 days after final shot and delivery time of album output is 50 to 60 days after the client chooses the photos and under the terms and condition output will be delivered in 30 to 40 working days from finishing the exposing. According to the complainant, contrary to the quotation and promise given by the opposite party, promo video was not given to him even after one year and wedding album photos were given to him after four months and album and videos were not given to him, although the opposite party received from the complainant Rs.1,05,000/- totally which constitutes deficiency in service having occurred from the side of opposite party due to which complainant is put to mental and financial difficulties. The whatsapp messages sent by the opposite party and their replies are marked as Ext.A4.
Opposite party’s name was called absent and therefore he was set ex-parte.
From the chief affidavit and other documents filed, it is clear to the Forum that opposite party has received Rs.1,05,000/- (Rupees one lakh five thousand only) totally from the complainant for taking wedding photography of the complainant, but the opposite party is seen to have failed to give promo video, wedding album, videos etc. to the complainant so far and also as a result, complainant is seen to have suffered a lot of mental agony and emotionally . Hence, we observe that a grave deficiency has occurred from the side of opposite party by not giving wedding album, videos etc. at the promised time. In the result the complaint is allowed.
We hereby direct the opposite party to immediately give to the complainant good quality wedding album and videos relating to the wedding of the complainant. If not, opposite party is directed to refund immediately Rs.1,05,000/- (Rupees one lakh five thousand only) totally collected from the complainant on 03.10.2016, 10.12.2016 and 02.01.2017. We also direct the opposite party to give to the complainant Rs.30,000/- (Rupees thirty thousand only) as compensation towards mental agony suffered by him and also towards cost of proceedings met by the complainant.
This order shall be executed within one month from the date of receipt of this order; otherwise interest at 9% p.a should also be paid to the complainant from the date of this order till realization.
Pronounced in the open court on this the 20th day of February 2018.
Sd/-
Shiny.P.R
President
Sd/-
Suma.K.P
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Photo copy of view transaction details of the complainant’s account in South Indian
Bank.
Ext.A2 - Photo copy Quotation given by DIGIMIX WEDDING FILMER.
Ext.A3 - Original wedding invitation of the complainant.
Ext.A4 - Photo copy of Whatsapp Messages sent by the opposite party to the complainant and
replies sent by the complainant to the opposite party.
Exhibits marked on the side of Opposite party
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost and compensation for mental agony
Rs.30,000/-
