IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Tuesday the 28th day of June, 2022
Filed on 21.01.2021
Present
1. Sri.S.Santhosh Kumar.BSc. LLB(President)
2. Smt. C.K.Lekhamma. BA,LLB(Member)
In
CC/No.22/2021
Between
Complainant:- Opposite party:-
Sri. Jijo Joseph Sri, Navaneet Nair
S/o K.D. Joseph No.6, 3rd Floor, 20th Main
Kaniyamveli House Ramaswamy Layout, JP Nagar
Aroor.P.O,Cherthala Taluk 5th Phase, Banglore -560078
Rep by his Power of Attorney Karnataka
Holder Rita Berton, 20-22 (Exparte)
Bersons Burgh, Kulshekar Post
Manglore, Dakshina Kannada, Kulshekar
Karnataka-575006.
(Adv. Joseph Shylan T.M)
O R D E R
SMT. C.K.LEKHAMMA(MEMBER)
1. Brief facts of the complainant’s case is as follows:-
The marriage of the complainant was solemnized on 12th day of May 2019 at St.Mary’s church Chadiroor. Prior to the function of marriage, engagement, family meet etc., the opposite party photographer cum videographer have proposed to take photography and videography of all functions of both the bride and bride groom jointly and subsequently on mutual understanding in between both the complainant and opposite party, the complainant had accepted the opposite party’s proposal of package of functions and an amount of Rs.2,60,000/-(Rupees Two lakhs sixty thousand only) is fixed as the total expenditure for the same. Thereafter on mutual understanding, with further cut downs, reductions on drone services, assistants and adding up facilities like live photo printing, live screen projection and the total expenditure was re-fixed as Rs.2,25,000/- (Rupees Two lakhs twenty five thousand only) for the package of services proposed by the opposite party.
The family meet at Olam Resort at Chathamma, Panangad on 6th day of January 2019, the engagement function held on 5th day of May 2019 at Mareena Mall Venue at Thoppumpady had been covered by the team of opposite party as agreed.
Post wedding visuals has also been covered as per mutual agreement by the team of the opposite party. The opposite party had failed to provide the facility of the live photo printing on wedding ceremony and hence the opposite party had voluntarily reduced an amount of Rs.10,000/- from the total expenditure of the package of functions. Subsequently, the total estimation of the package of functions is re-fixed as Rs.2,15,000/-(Rupees Two lakhs fifteen thousand only), of which the complainant had paid altogether an amount of Rs.1,79,000/-(Rupees One lakh seventy-nine thousand only) to the opposite party.
As per the agreement opposite party is able to deliver albums within a 10 day time frame, but the opposite party failed to deliver the album after offering multiple delivery dates from October till February 2020. The complainant repeatedly asked the opposite party for the up-to-date proof of money he has paid in Whatsapp conversations but the opposite party seems to be deliberately ignoring his requests for the same.
The opposite party had failed to deliver the pictures/visuals in time and after a lot of efforts form the complainant’s side, and only in the month of July 2019 the opposite party had provided the pictures of engagement functions and couple dance. In the month of August 2019 the post wedding pictures were provided by the opposite party, of which resulted in uploading the pictures in social media by almost three months later. Subsequently in the month of October 2019 ie, after 5 months from the date of marriage function, the complainant had received a wedding highlight from the opposite party but on contrary it was incomplete without any prime visuals. On enquiry regarding the incomplete visuals, the opposite party reported that some visuals got corrupted and the opposite party tried to re-edit the same and promised to deliver the complete wedding visuals by the end of September 2019 but was not delivered an incomplete one on November, 2019. Album not received as of now (12/08/2020).
In fact, the same was happened only due to the unfair trade practice and ignorance of both the opposite party and his team who were participated in the marriage functions so on.
Due to the malpractice and inefficiency of the opposite party in the field of photography and videography works, the opposite party have omitted to cover or record the prominent and everlasting moments of the complainant’s marriage functions and for the same the opposite party legally liable/responsible and duty bound to compensate the mental agony and hardships caused to the complainant and the complainant is legally entitled to recover the same from the opposite party.
Subsequently the complainant have caused to issue a lawyer notice dated 14/08/2020 to the opposite party, in his address at Bangalore but the same was unserved due to the reason stated that office was closed. Thereafter lawyer notice also served to him through his mail Id and the same was received by him. But even he is not responded to the lawyer notice. Hence the complainant approached this commission for following reliefs.
1. To direct the opposite party to provide quality albums and lost visuals from the corrupted disc through the most advanced recovery process to the complainant.
2. To direct the opposite parties to pay compensation for deficiency in service and cost of the proceedings.
2. The points that arose for consideration are as follows:-
1. Whether opposite parties have committed deficiency in service? If so what is the quantum of compensation?
2. Relief and cost
3. The complainant appeared through counsel and he filed proof affidavit Ext A1 to A5 were marked. The opposite party remained absent and declared exparte. Thereafter, we heard the complaint.
4. Point No.1 :-
The case of the complainant is that his marriage was solemnized on 12th May 2015. Ext.A1 is the copy of the certificate of marriage. The opposite party photographer com videographer have proposed to take photography and video graphy of all functions of both the bride and bride groom jointly. Both of them entered in to Ext.A2 agreement (Photocopy). The amount fixed for the package is Rs.2,60,000/- (Rupees Two lakh sixty thousand only) The particulars of the works and terms of payment are included in Ext.A2. Thereafter on mutual understanding the expenditure was refixed as Rs.2,25,000/- (Rupees Two lakh twenty five thousand). The same is evident from Ext.A3 the copy of invoice dtd. 15.5. 2019. As per Ext.A3 the complainant paid Rs. 144,000/- as advance. The balance shown is Rs. 81,000/-. The complainant alleged that the opposite party omitted to provide the agreed facility to live photo printing on wedding ceremony incorporated in the package of function. Hence he had voluntarily reduced an amount of Rs.10,000/- from the total expenditure of the package and the refixed amount as Rs. 2,15,000/- . According to the complainant he had paid althogether an amount of Rs.1,79,000/- to the opposite party. Moreover as per the agreement the opposite party is bound to deliver the album within a 10 days. But he failed to deliver the same. In addition that the opposite party deliberately ignoring the requests of the complainant to serve the up to date proof of money transaction he had paid. Ext.A4 copies of whatsaap conversation is the proof of said allegation. The opposite party admitted that the prime visuals of the functions were lost due to failure of power during the process of transferring the contents from one device to another. According to the complainant opposite party has already received an amount of Rs. 1,79,000/- (Rupees one lakh seventy nine thousand ) from the complainant and the balance amount is only Rs. 36,000/-. Further, averred that the opposite party omitted to cover or record the prominent and everlasting moments of the complainant’s marriage functions. Ext.A5 is the copy of lawyer’s notice but the same remained unserved.
On perusal of the evidence on records it appears that the complainant has well proved his case with supporting evidence. It is revealed from Ext.A4, the conversation between the staff of the opposite party and the complainant dtd. 4/10/2019 he says that some visuals got corrupted while editing and the tried to re-edit the same. Thereafter on 15/9/2019 opposite party admitted that some visuals/pictures were lost. It seems that on 16th May 2019 onwards the complainant enquired about the progress of work. Nothing is before us to contradict the above evidence of the complainant. The sufficient opportunity has been given the opposite party to substantiate his part with cogent evidence. But he reluctant to appear before the commission even after the receipt of Notice. Therefore the evidence of the complainant remained unchallenged
Hence we found that due to the acts of the opposite party the complainant suffered mental agony which attributed deficiency in service. On perusal of evidence as such we found that, the opposite party is unable to recover and provide said visuals to the complainant. Therefore we are of the view that complainant is not liable to pay the remaining amount of Rs.36,000/- (Rupees Thirty six thousand ) to the opposite party. Moreover, already found that the opposite party committed deficiency in service. Therefore , on that count opposite party is liable to pay compensation to the complainant.
5. Point no. 2:-
In the result, the complaint is allowed in part as follows:-
a) The opposite party is liable to pay Rs.20,000/-(Rupees Twenty thousand only) towards compensation for deficiency in service to the complainant.
b) Opposite party is also liable to pay Rs.5000/-(Rupees Five thousand only) towards litigation cost to the complainant.
The order shall be complied within one month from the date of receipt of the copy of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the 28th day of June, 2022.
Sd/-Smt. C.K.Lekhamma(Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
Ext.A1 - copy of certificate of marriage
Ext.A2 - Copy of Agreement
Ext.A3 - Copy of Invoice dt.15/5/2019
Ext.A4 - Copy of Whatsapp conversation
Ext.A5 - Copy of Lawyer’s notice
Evidence of the opposite parties:- Nil
///True Copy ///
To
Complainant/Oppo. party/S.F.
By Order
Assistant Registrar
Typed by:- Br/-
Comp.by:-
