DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

                                    Consumer Complaint No.636 of 2015

                                         Date of institution:  30.11.2015                                                Date of decision   :  05.07.2017

Milkha Singh son of Santa Singh resident of village Balongi, House No.40, Near Primary School, District Mohali.

                                                                ….Complainant

                                Versus

Soni Sharma resident of VPO Tira, Tehsil Kharar, District SAS Nagar Mohali,

Second Address: Shop No.69, Dashmesh Market, Balongi, Tehsil and District Mohali.

                                                                …..Opposite Party

Complaint under Section 12 of

the Consumer Protection Act.

Quorum

Shri Ajit Pal Singh Rajput, President 

Shri Amrinder Singh Sidhu, Member         

Present:    Complainant in person.

                OP in person.

ORDER

By Ajit Pal Singh Rajput, President.

                Complainant Milkha Singh had filed the present complaint against the Opposite Party (hereinafter referred to as the OP) under Section 12 of the Consumer Protection Act.  The brief facts of the complaint are as under:

                The complainant booked the OP for making video of marriage ceremony of his daughter from 15.02.2014 to 16.02.2014. The complainant paid all the charges of video making to the OP. After marriage ceremony, the complainant visited the OP for collecting the video but the OP informed that it will take some more time for preparation of special effects in video. Thereafter  the complainant visited the OP twice but the OP lingered on the matter on one pretext or the other.  The complainant also sent legal notice dated 31.01.2015 to the OP but the Op has refused to the same. Hence this complaint for giving directions to the OP to hand him over the video of marriage of his daughter and to pay him compensation of Rs.50,000/- for mental agony and harassment and   Rs.5,000/- as litigation expenses alongwith interest @ 18% from the date of filing of complaint till realisation.

3.             The complaint has been contested by the OP by filing reply in which it is pleaded that the amount for making video of marriage ceremony of the daughter of the complainant on 16.02.2014 was settled for Rs.4,000/- and the complainant paid Rs.500/- as booking amount to the OP.  However, the complainant had not paid all the charges of video making  to the OP. The complainant collected the video of marriage from the shop of the OP in the presence of Baljeet Singh an employee of the OP by paying Rs.1000/- and rest of the amount of Rs.2500/- was promised to be paid by the complainant within a short period. After one month of that the complainant returned the video DVD to the OP and stated that he would take the same after payment of Rs.2500/- . This incident was happened in the presence of Baljeet Singh employee of the OP. After one month of this incident, the OP contacted the complainant to collect his DVD but the complainant did not come. A message was also sent to the complainant through Krishan Panch of village Balongi to whom the complainant flatly refused to collect the DVD from the OP.  Thus, denying deficiency in service on its part, the OP has sought dismissal of the complaint.

4.             In order to prove the case, the complainant tendered in evidence his affidavit Ex.CW-1/1; affidavit of Bahadur Singh Ex.CW-1/2; copies of legal notice Ex.C-1 and marriage card Ex.C-2. In rebuttal the OP tendered in evidence his affidavit Ex.OP-1/1 and affidavits of Baljeet Singh son of Ramesh and Kuldeep Singh son of Gurnam Ex.OP-1/2 and Ex.OP-1/3 respectively.

5.             The complainant has argued that the OP has not handed over to him the video of marriage ceremony of his daughter held on 15.02.2014 to16.02.2014 despite receipt of charges for the same. The complainant has argued that he has moved against the OP to the Gram Panchayat of his village where he stated that he will return the video within one week as but the OP has not returned him the video. He has argued that thereafter he filed the present complaint and has prayed for allowing the complaint.

6.             On the other hand the OP has argued that the complainant had not come to him to receive the DVD  as he could not arrange the balance payment of Rs.2500/-.  The OP even made telephonic call as well as sent message through a co-villager of the complainant but the complainant refused to make balance payment to the OP and to collect the video. The OP has denied any deficiency in service on his part and sought dismissal of the complaint.

7.             We have gone through the pleadings, evidence and written as well as oral arguments of the parties. In order to prove his case the complainant has submitted his affidavit Ex.CW-1/1 and affidavit of one Bahadur Singh Ex.CW-1/2.  The complainant has reiterated the pleadings of his complaint in the affidavit. Bahadur Singh in his affidavit Ex.CW-1/2 has deposed that the OP has clicked the photographs and video of marriage ceremony of the daughter of the complainant on 16.02.2014 and after one month of the marriage neither the photographs nor the video were given to the complainant.  He has further deposed that the complainant has approached the panchayat  as well as police  where the OP did not come present and ultimately he has filed the present complaint.  On the other hand the OP has taken the same stand in his affidavit Ex.OP-1/1 as has been taken by him in written statement. Baljeet Singh witness of OP in his affidavit Ex.OP-1/2 has supported the case of the OP. The OP has produced his witness Kuldeep Singh who in his affidavit Ex.OP-1/3 has stated that he is Panch of the village Balongi and knows the parties personally. Only the video of marriage ceremony of daughter of the complainant was recorded by the OP and no still photographs were clicked. He has deposed that video DVD was collected by the complainant and that no panchayat was ever held for non delivery of video DVD by the OP to the complainant. He has also deposed that the complainant alongwith panchayat ever never met with the police officials and filed complaint against the OP. The complainant has filed the false complaint against the OP without any cause because the video was delivered by the OP to the complainant within time. The complainant returned the video to the OP with the motive not to pay the balance amount of Rs.2500/- to the OP. The affidavit of Bahadur Singh witness of the complainant cannot be relied upon as he has deposed that apart from videography, still photographs were also clicked by the OP. However, the complainant has no where stated either in his complaint or in his affidavit that still photographs were also clicked by the OP and he ever demanded these photographs from the OP.  The version of the OP is supported by the affidavits of Baljeet Singh and Member Panchayat Kuldeep Singh who has clearly stated that as the OP has handed over the video to the complainant within time and no still photographs were clicked by the OP, there was no cause of action for the complainant with the OP. The complainant never approached the panchayat or the police against the OP and the present complaint has been filed by the complainant not to pay the remaining amount of Rs.2500/- to the OP. Thus, we find that there is no deficiency in service on the part of the OP and the complaint deserves to be dismissed.

7.             Accordingly, in view of our aforesaid discussions, the present complaint is hereby dismissed with no order as to costs. 

                The arguments on the complaint were heard and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated: 05.07.2017    

                                        (A.P.S.Rajput)                                          President

 (Amrinder Singh Sidhu)

Member