DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 28th day of JANUARY 2019

Present  : Smt.Shiny.P.R,  President

                : Sri. V.P.Anantha Narayanan, Member                                 Date of Filing: 23/04/2018

CC No.57/2018

N.V.Mathew,

S/o.late N.M.Varoo,

PWD Contractor,

Kacherimedu, Chittur.P.O,

Palakkad - 678 101.                                                                                                          -              Complainant

(By Adv.P.Anil)                                                                                                

        V/s                

1. Proprietor,

Matrimony Photography.com

Matrimony.com Ltd.,

No.94, BELICIAA Towers, Tower 2,

Chennai – 600 028, Tamil Nadu.

2. Authorised Representative

Matrimony Photography.com

Matrimony.com Ltd.,

C/o.CARD SHOPPE,

Railway Station Road,

Mooppan Complex, Palakkad.

O R D E R

By Smt.Shiny.P.R, President.

Brief facts of complaint:

Complainant submitted that he had availed service of the opposite parties for the task of preparing of 80 page digital still photograph album, one high definition video album and another 5 minutes highlight video album of his only son’s betrothal and marriage ceremonies held on 01.05.2017 and 13.05.2017 at Vimalanatha Church at Paravattani, Thrissur and Holy Family Church, Chittur respectively.   Total amount of Rs.46,000/-(Rupees Forty six thousand only) agreed for the service.  The men of the opposite parties photographed and video graphed the aforesaid ceremonies held at respective places and Rs.41,400/-(Rupees Forty one thousand four hundred only) has already been paid to the opposite parties.   It is also submitted that he is ready to pay the remaining amount of Rs.4,600/-(Rupees four thousand Six hundred only) the opposite parties.  Complainant further submitted that till the date of filing complaint opposite parties had not handed over the above said photographs and video graphs to him.   Hence the complaint.  Complainant prays for an order directing the opposite parties to hand over the 80 page digital photograph album, video graph and 5 minutes highlights video of the betrothal and marriage ceremonies of his son and also to pay an amount of Rs.10,000/- as compensation towards mental agony caused to him.

Complaint was admitted and notices were sent to the opposite parties.  After accepting the notice opposite parties did not appear before the Forum.  Hence name called and set exparte.

Complainant filed chief affidavit and documents which were marked as Ext. A1 to A7.  During pendency of the complaint on 12.06.2018 opposite parties delivered a courier containing one pen drive presumably containing video footages of the marriage and betrothal ceremonies. Hence complainant  filed IA 218/18 to amend the complaint which was allowed and amendment was carried out. After amending the complaint complainant filed additional chief affidavit in which complainant submitted that on 12.06.2018 opposite parties delivered a courier containing one pen drive and on going through the contents of the said pen drive, the quality of the video are far from standards i.e several of the important moments of the functions are not seen recorded.  The opposite party has haphazardly prepared the photographs and video without adhering to even minimum standard expected of it.  The sermon i.e the lecture given by the priest is totally seen omitted.  The cutting of cake by the bride and bride groom, dinning, the visuals of the participants of the ceremony etc. are also not properly recorded.  The editing of the video is also far from standards.  It is also submitted that the remaining promise of digital album containing 240 still photographs is yet to be honored.  In the light of the above complainant prays for an order directing opposite parties to return an amount of Rs.41,400/- to the complainant as given by him as advance and also to direct the opposite parties to pay amount of Rs.1,00,000/- to the complainant as compensation towards mental agony and damages caused to him.

No additional documents were produced by the complainant.  Hence evidence was closed and matter was heard.

The following issues that arise for consideration are.

1. Whether there is any deficiency in service on the part of opposite party?
2. If so what is the relief and cost?

Issues 1 & 2

We have perused the affidavits and documents filed before the Forum.  Ext.A1 proves the complainant had advanced an amount of Rs.1,000/- to the opposite parties for the task of preparing of 80 page album, HD video album and another 5 minutes highlight video of betrothal and marriage ceremonies held on 01.05.2017 and 13.05.2017 at Thrissur and Chittur respectively.   Ext.A4 and A6 show that complainant had made a payment of Rs.40,400/- to the opposite parties through NEFT.  Complainant alleged that after one year from 12.06.2018 opposite parties delivered a courier containing one pen drive presumably containing video footages of the marriage and betrothal ceremonies and on going through the contents of the said pen drive, the quality of the video are far from standards i.e several of the important moments of the functions are not seen recorded. More over complainant submitted that digital album containing 240 still photographs is yet to be delivered. Opposite parties remained absent and there is no contra evidence to disprove the case of the complainant.  Under the above circumstances we are of the view that after receiving the substantial amount from the complainant opposite parties did not fulfill their task, thereby they committed deficiency in service. Hence complaint is allowed.  We direct 1^st and 2^nd opposite parties jointly and severally to pay an amount of Rs.41,400/- to the complainant being the amount collected from the complainant, Rs.10,000/- for the mental agony suffered by the complainant and Rs.3,000/- as cost of proceedings.

Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.      

Pronounced in the open court on this the 28^th day of January 2019.

                                                                                                                                                    Sd/-                                                                                                                                                                                                                                             Shiny.P.R.                                           President                                                                                                                                                                               

                                                                                                                                                      Sd/-

                                                                                                                     V.P.Anantha Narayanan

                             Member

Appendix

Exhibits marked on the side of complainant

Ext.A1   - Original Receipt No.156 dated 28/02/2017 issued by Matrimony.com.

Ext.A2   - Marriage invitation card of S/o. complainant.

Ext.A3   - Engagement invitation card of S/o. complainant.

Ext.A4 – Bank pass book of complainant.

Ext.A5 – Paying slip/receipt dated 25/4/17 for Rs.23,000/- deposit by opposite party’s account.

Ext.A6 – Complainant’s Bank Pass Book of South Indian Bank Chittur Branch.

Cost :     Rs.3,000/-