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

                                  Consumer Complaint No.168 of 2016

                                                Date of institution:  21.03.2016                                             Date of decision   :  18.10.2016

Gurdit Singh son of Gurmukh Singh, resident of House No.1007, Sector 15-B, Chandigarh.

 ……..Complainant

                                        Versus

Sudhir Chanana, Shri Gobind Portraits, SCF No.117, F.F. Phase-VII, SAS Nagar (Mohali).

                                                           ………. Opposite Party

Complaint under Sections 12 of

the Consumer Protection Act

Quorum

Shri Ajit Pal Singh Rajput, President                             Mrs. R.K. Aulakh, Member.

Present:     Complainant in person.

                Opposite party ex-parte.

By Ajit Pal Singh Rajput, President

                Complainant, Gurdit Singh son of Gurmukh Singh, resident of House No.1007, Sector 15-B, Chandigarh, has filed this complaint against the Opposite Party (hereinafter referred to as the OP) under Sections 12 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.             The complainant had contacted the OP for photography/videography on the eve of wedding, bhog ceremony of Shri Akhand Path, Ladies Sangeet and function of wedding. The deal was finalized for Rs.40,000/- and Rs.10,000/- was paid to the OP as advance.  The OP came to the complainant on 19.02.2016 at the time of Akhand Path in the morning and ladies sangeet in the evening and took the photographs. However, the proofs of the photography work of the OP was not satisfactory and the complainant asked the OP to stop further work of photography/videography. The complainant requested the OP to handover the photographs and video but the OP asked for extra amount of Rs.8,000/- in addition to the already received Rs.10,000/- as advance,  and the OP stated that if this amount is not paid to him, he will not handover the photos/video to the complainant.  Hence this complaint for giving directions to the OP handover the photos and videos to the complainant and also to pay him compensation of Rs.50,000/- .

3.             The OP refused to receive the notice sent by this Forum. Thus, as per provisions of Section 28-A (3) of the Consumer Protection Act, 1986 it was declared due service on the OP and none having appeared for him, the OP was proceeded against ex-parte vide order dated 17.05.2016.

4.             In order to prove the case, the complainant tendered in evidence his affidavit Ex. CW-1/1; copies of visiting card of the OP Ex.C-1; marriage card Ex.C-2 and CD Ex.C-3.

5.             The complainant has argued that on seeing the proofs of the work done by the OP on 19.02.2016 which were not of good quality, the complainant asked the OP not to do further work and handover him the photos/videos of the functions of 19.02.2016. But the OP demanded another sum of Rs.8,000/- in addition to Rs.10,000/- already received as advance.  Non handing over the photos/video by the OP despite requests of the complainant has caused lot of mental tension and harassment to the complainant for which he deserves compensation from the OP.

6.             After hearing the complainant and going through the pleadings and evidence, it is established from the material placed on record that the complainant had paid an amount of Rs.10,000/- as advance to the OP against the total deal of Rs.40,000/- for covering the functions relating to wedding ceremony of his daughter. When the complainant found that the proofs of the function of Akhand Path and Ladies sangeet provided by the OP were not of good quality, he asked the OP to stop further work and demanded the photos/video of these functions. The OP has also refused to receive the notice sent by this Forum for his appearance which amounts to admission of the averments of the complaint and that he does not want to say anything in this regard. The OP was given ample opportunity to contest the complaint, however, he chooses to remain absent from this Forum.

7.             Accordingly, in view of our aforesaid discussion and the evidence tendered on record by the complainant, we find that the OP has acted negligently by not providing photos/videos to the complainant. Hence we direct the OP to hand over the photos/video of the function of Akhand Path and Ladies Sangeet held on 19.02.2016 in connection with marriage of daughter of the complainant.  We also find that the complainant is entitled to a lump sum compensation of Rs.5,000/-  (Rs. Five thousand only) on account of mental agony, harassment  alongwith litigation cost.

                The OP is further directed to comply with the order of this Forum within 45 days from the date of receipt of this order. The present complaint is hereby accepted. 

                The arguments on the complaint were heard on 06.10.2016 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: 18.10.2016      

                                         (A.P.S.Rajput)            

President

(Mrs. R.K. Aulakh)

Member