Haryana

Kurukshetra

CC/263/2021

Devinder Singh S/o Major Suchha Singh - Complainant(s)

Versus

Singh Lab Photography - Opp.Party(s)

In Person

24 Nov 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION  KURUKSHETRA.

 

Consumer Complaint No.263 of 2021

Date of Instt.:8.09.2021

Date of Decision:24.11.2021

 

Devinder Singh son of Major Sucha Singh resident of village Julmat, Tehsil Pehowa, District Kurukshetra.

                                                                        …….Complainant.                                              Versus

 

Singh Lab Photography, Kamal Theater Road, Pehowa,District Kurukshetra through its Proprietor.

                ….…Opposite party.

 

  Complaint under Section 35 of Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Ms. Neelam, Member.       

                   Shri Issam Singh Sagwal, Member.                

                 

Present:     Shri Devender Singh Advocate-complainant in person.

                OP ex parte.

ORDER

         

                 This is a complaint under Section 35 of the Consumer Protection Act, 1986 moved by the complainant Sh.Devender Singh   against Singh Lab Photography etc, the opposite party.

2.             The brief facts of the complaint that the complainant engaged the OP through its proprietors in twenty thousand rupees in whole as a photographer for marriage events  i.e. Photography, and Videography during solemnizing the marriage ceremonies of the son of the complainant named Inderjeet Singh in the year 2017  at village Julmet Tehsil Pehowa district Kurukshetra.  It is submitted  that at the time of contract with the complainant, the OP charged Rs.10,000/- as token money (advance) and  one thousand rupees as fuel charges for going to Khanna City in Punjab where the Anand Karj took place and the OP had to do photography and videography through its proprietor. It is  submitted that after few days of marriage ceremonies, OP through its proprietor also charged Rs.10000/- in cash from the complainant on the pretext of preparing the album of photography and CD of Videography. Thereafter the complainant demanded the  album of photography and CD of videography but the OP lingered on the matter.  That the complainant lastly on 27.7.2021 in the premises/shop of the complainant got surprised when the OP through its proprietor demanded extra money, then the contracted amount for preparing the album of photography and CD of videography. On refusal to pay more amount, the OP threatened the complainant of dire consequences.   That the OP through its proprietor have cheated the complainant in the name of album of photography and CD of videography and have committed the offence u/s 406/420/506 and 120-B IPC and such an act on the part of the OP amounts to deficiency in services on the part of the OP. Thus, the complainant has filed the present complaint alleging deficiency in services on the part of the OP and prayed that the OP be directed to hand over album of photography and CD of videography alongwith compensation of Rs.5.00 lacs for the deficiency in services on the part of the OP.

3.             Notice of the complaint was served upon the OP. The OP was duly served upon but failed to appear and contest the case. Therefore, vide order dated 12.10.2021, the OP was proceeded against ex parte.

4.             In support of his case, the complainant has filed his affidavit Ex.CW1/A and closed his evidence after tendering the documents Ex.C-1 to Ex.C-4.

5.             We have heard the complainant at length and gone through the material available on the case file.

6.             The learned counsel for the complainant while reiterating the averments made in the complaint has argued that complainant engaged the OP through its proprietors in twenty thousand rupees in whole as a photographer for marriage events  i.e. Photography, and Videography during solemnizing the marriage ceremonies of the son of the complainant named Inderjeet Singh in the year 2017.  It is argued   that at the time of contract with the complainant, the OP charged Rs.10,000/- as token money (advance) and  one thousand rupees as fuel charges for going to Khanna City in Punjab where the Anand Karj took place and the OP had to do photography and videography through its proprietor. It is  further argued  that after few days of marriage ceremonies, OP through its proprietor also charged Rs.10000/- in cash from the complainant on the pretext of preparing the album of photography and CD of Videography. Thereafter the complainant demanded the album of photography and CD of videography but the OP lingered on the matter.  That the complainant lastly on 27.7.2021 in the premises/shop of the complainant got surprised when the OP through its proprietor demanded extra money, then the contracted amount for preparing the album of photography and CD of videography. On refusal to pay more amount, the OP threatened the complainant of dire consequences.   That the OP through its proprietor have cheated the complainant in the name of album of photography and CD of videography and have committed the offence u/s 406/420/506 and 120-B IPC and such an act on the part of the OP amounts to deficiency in services on the part of the OP. Thus, the complainant has filed the present complaint alleging deficiency in services on the part of the OP and prayed that the OP be directed to hand over album of photography and CD of videography alongwith compensation of Rs.5.00 lacs for the deficiency in services on the part of the OP.

7.             The above version of the complainant goes completely unchallenged and unrebutted and it is proved that the complainant  engaged the services of the OP for preparing the album of photography and CD of videography. As per the complainant he paid Rs.10000/- in advance. Though the complainant has stated that he has paid the entire payment but from Ex.C-4 it is established that the complainant has paid only Rs.13,500/- and remaining amount of Rs.6500/- is yet to be paid by the complainant but the OP has not supplied the album of photography and CD of videography. The OP has not supplied album of photography and CD of videography of marriage of his son to the complainant which is memory of golden moments and non supply of the said album of photography and CD of videography is serious one and such a person responsible for non supply of album of photography and CD of videography  of golden moments is required to be dealt severally. Therefore, there is gross deficiency in services is made out  on the part of the OP.

8.             In view of our above discussion, we accept the present complaint and direct the OP to supply the album of photography and CD of videography to the complainant  and the complainant shall pay the remaining payment of Rs.6500/- to the complainant. The OP shall also pay  Rs.20000/- in lump sum to the complainant as compensation for the deficiency in services and litigation expenses.  It is made clear that  if the OP failed to supply the  album of photography and CD of videography, OP shall pay a sum of Rs.30,000/- to the complainant  on this account. The OP is further directed to make the  compliance of this order, failing which the complainant shall be at liberty to initiate proceedings u/s 71 of the Consumer Protection Act. A copy of this order be supplied to the parties free of costs and the file be consigned to the record room after due compliance.

 

 

Announced in the Open Commission

Dated: 24.11.2021.           

       

                                                                               President.

 

                                      Member          Member