This is a complaint fled under section 12 of consumer protection act for an order directing the opposite party to provide fresh prints of all the 18 photographs free of cost along with `10,000 as compensation and `5000 as cost.

          The case of the complainant in brief is that  he has availed the service of opposite party for photographing a wedding engagement function and after one week the opposite party handed over 18 photographs to the complainant and received `720 as cost. But within six months the photographs were partially damaged. The complainant has approached the opposite party several time at his shop and brought the matter into the notice of opposite party and requested  for replacement. The opposite party has taken back the photographs and asked the complainant to contact again. Even though the complainant contacted several times, he returned the damaged photographs. The opposite party demanded `720 again for developing fresh prints. But the complainant was not amenable for the same. So the complainant issued a registered notice. But the opposite party has neither issued any reply or issued photos. Hence this complaint.

In pursuance to the notice issued by the Forum opposite party appeared and filed his version contending that the complainant has no lolcustandi to file complaint as he has not availed any services from the opposite party. One Karthiyani has placed order for snapping 18 photographs in connection with the wedding engagement function of her close relatives and taken 18 photographs as directed by her and delivered these photographs to Karthiyani and advised to keep in good album. The photos were provided as per approved quality methods of processing and copies using quality paper. If the photographs are not handled without care and caution certainly it will get Damaged. The presence of moisture and vapors on the fingers will certainly spoil the photographs. If it is not properly handled. If will spoiled automatically. The complainant never ordered to remove photographs. Complainant has sent a notice to the opposite party and there after came to the shop and was advised to sent Karthyayani, if she wants a copy of the same. Then he created scene and ill-treated the lady staff at reception and opposite party was constrained to file police complaint. If any damages caused to the photographs it is due to the defects in handling the photographs. If it is kept in an album properly or handle in a proper manner it will not get spoiled. So the opposite party has no responsibility with respect to the damages caused and hence the complaint is liable to be dismissed.

          Upon the above contentions the following issues have been raised for consideration.

1. Whether  the complainant is a consumer?

 2.  Whether there is any deficiency of service on the side of

    opposite party?

3.  Whether the complainant is entitled to get any relief as

     prayed in  the complaint?

          4.  Relief and cost.

                    The evidence consists of the oral testimony of PW1, PW2,DW1  and Ext.A1 to A6.

          The complainant contended that the photographs taken and processed by opposite party become defective within six months due to inferior quality of processing and paper. To prove his case he has produced payment receipt for `720 dt.8.2.10 damaged photographs 12 in numbers, copy of notice, postal acknowledgement, question and answers given as per Right to  Information Act by Public Information officer, Kannur Municipality and copy of application for renewal of registration etc.

Issue Nos. 1

The opposite party contented that the complaint is not a consumer and has no locusstandi to file the complaint before the Forum since the complaint has no relationship with incidents of taking photo. Order was given and money also was paid by one Karthiyani. But admittedly the reception ceremony was one of the relative of one Krthiyani, but complainant contended that he has placed order and given money for the same. The above said Karthiyani was examined as PW2. She deposed before the Forum that “ ]cm-Xn-¡m-c-\mWv ÌpUn-tbm-¡msc tFÀ¸m-Sm-¡n-b-Xp. ÌpUn-tbm-bn t]mIm³ F\n¡v _.p-²n-ap-«p-f-f-Xp-sIm-­mWv ]cm-Xn-¡m-cs\ tFÂ]n-¨Xp. She further deposed that “ Order sImSp-¯Xp ]cm-Xn-¡m-c-\m-Wv. ]cm-Xn-¡m-c-\mWv t^mt«m-bpsS ]W-T-sIm-Sp-¯-Xp.”. This shows that he had placed order and paid money for the service rendered by the opposite party to one Karhiyani. So we are of the opinion that he is a consumer and has locustandi to file the complaint and hence issueNo.1 is found in favour of the complainant.

Issue Nos. 2 to 4

          Admittedly the opposite party rendered service for taking photographs. It is also admitted that the photos wee damaged within six months and requested for giving fresh prints free of cost. But opposite party denied the allegation of the complaint that it was damaged due to poor quality   of processing and paper. Photos are produced before the Forum as Ext.A2 and  all of them are totally damaged. It is true that there is no expert opinion before us regarding quality of paper and processing. But usually the photos having sentimental value will not handle in careless manner considering natural justice, facts and circumstances of the case, the opposite party has to supply fresh print of the eighteen photos to the complainant free of cost  and order passed accordingly. Considering the special circumstances we are not awarding cost and compensation.

                    In the result, the complaint is allowed directing the 1^st opposite party to supply new print of eighteen photos to the complainant free of cost within30 days of receipt of this order. If the opposite party has failed to supply photos after expiry of 30 days he is liable to return `720 (Rupees Seven hundred and twenty only) along with `5000 (Rupees Five thousand only)as compensation. The complaint can execute the order if the opposite party fails to comply the order.

                             Sd/-                     Sd/-                            

                     President                Member     

 APPENDIX

Exhibits for the complainant

A1. Payment receipt

A2. Damaged photos

A3.  Copy of letter sent to OP

A4. Postal AD

A5. Copy of the application submitted by complainant before Public

      Information Officer, Kannur Municipal Office

A6. Copy of the receipt & Form No.B1 issued from Kannur Municipality

 Exhibits for the opposite party: Nil

Witness examined for the complainant

PW1.Complainant

PW2.Karthyayani

 Witness examined for the opposite party:

DW1.P.C.Jayarajn

                                                            /forwarded by order/

                                                            Senior Superintendent

Consumer disputes Redressal Forum, Kannur.