Ld. Advocate(s)
For Complainant: Pritha Mondal
For OP/OPs : None
Date of filing of the case :02.12.2019
Date of Disposal of the case : 09.08.2023
Final Order / Judgment dtd. 09.08.2023
Complainant above name filed the present complaint u/s 13 Consumer Protection Act 1986 against the aforesaid OP praying for direction to pay Rs. 31,000/-, compensation amount Rs. 28,000/-. He alleged that OP is the proprietor of Photo Square India and doing his business of photo shooting in different occasions for different individuals. Complainant engaged the OP for Photo Shooting of his pre wedding session and marriage ceremony and OP agreed to to do the same against the remuneration of Rs. 45,000/-. Complainant paid Rs. 16,000/- on 14.10.2018 and OP provided him one bill for the said payment. Thereafter on 31.01.2019 complainant paid further sum of Rs.15,000/- through electronic payment method as per terms and condition given by the OP. Complainant have to pay remaining amount at the time of delivery of articles, OP did not sent any article i.e Video, Pendrive, or another album till date.
Hence, the complainant filed this case.
On perusal of record we find the case is running ex-parte against the OP vide order no. 08 dtd. 24.11.2021.
TRIAL
During trial complainant filed affidavit-in-chief.
DOCUMENTS
Complainant produced following documents:
- Receiving endorsement regarding payment of Rs16,000/- dtd. 14.10.2018....... ( One sheet Xerox).
- Payment particulars regarding payment of Rs. 10,000/-.
- Payment particulars in respect of payment of Rs. 5,000/- ( one sheet net copy).
- Copies of chat through Whats App ( 4 sheet net copy).
- Letter of complainant to OP through e-mail dtd. 19.06.2029.( one sheet one copy)
- Copy of complaint filed by complainant dtd. 11.09.2029 ( one sheet Xerox).
BNA
Complainant filed BNA.
DECISION WITH REASONS
We have carefully gone through the petition of complaint filed by the complainant, documents filed by the complainant, affidavit-in-chief filed by the complainant and BNA filed by the complainant.
On perusal of the record we find that case is running ex-parte against OP.
We also find that complainant corroborated the allegation which he mentioned in the petition of complaint. Aforesaid affidavit-in-chief in nothing but unchallenged testimony.
On perusal of the affidavit-in-chief we find that complainant gave an order to the OP for photo shooting of his pre weeding session and marriage ceremony and Op agreed to do the same with the remuneration of Rs. 45,000/-. Complainant paid Rs. 31,000/- in favour of the OP.
On perusal of the money receipt dtd. 14.10.2018 we find the complainant paid Rs. 16,000/-.
On perusal of net copy of documents, we find that complainant paid Rs. 10,000/- on 31.01.2019.
On perusal of the another net copy of document dtd. 31.01.2019, we find that complainant paid RS. 5,000/-.
On perusal of Whats App chat we find that OP had different occasions gave assurance that he will deliver the aforesaid articles but we find from affidavit-in-chief that complainant made contact with him on different occasions but op did not provided aforesaid photographs in favour of the complainant. We also find that 19.06.2019 complainant gave a letter to the OP through e-mail but he did not get any fruitful result.
On perusal of record we find that complainant is a consumer and OP is service provider.
Having regard to the aforesaid discussion it is clear before us that complainant paid RS. 31,000/- in favour of the OP but he did not provide the photograph in favour of the complainant. We also find that complainant has able to established his grievance by sufficient documents beyond reasonable doubts.
Accordingly, we find that complainant is entitled to relief as per his prayer.
In the result present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed ex-parte against the OP with cost of Rs. 3,000/- to be paid by OP in favour of the complainant.
OP is further directed to hand over the aforesaid photographs in favour of the complaint after taking balance amount of Rs. 14,000/- within the 45 days from this date or to refund the aforesaid 31,000/- in favour of the complainant within 45 days along with interest @9% per annum from the date of payment to till the date of actual refund.
OP is directed to pay compensation amount of Rs. 20,000/- in favour of the complainant within 45 days from this date.
OP is directed to comply the aforesaid directions within specific period as mentioned failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties as free of cost.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We concur,
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MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) (SMT MILLIKA SAMADDAR)
