Smt.  Shampa Ghosh, Hon’ble Member:-

The complainants Smt. Pallabi Mondal (Halder) W/O Sri Supriya Halder  residing at 29, Trikon Park, North Garia, Near Rajpur Municipality, Kolkata-700 084 and Sri Supriya Halder S/o. Bimalendu Halder, 29 Trikon Park, Kolkata – 700 084 has filed a complaint against the Soulmate Manojit Paul Photography, represented by its owner Manojit Paul, residing at 196,  D J Street, Bhadrakali, Hooghly before this Commission.

The case of the complainants in brief is that the complainants hired the service of the Opposite Party as Professional Candid Photographer for their wedding function. After discussing all the aspects relating to work including still photography as well as video recording, to be done by the OP a contract dated 22^nd March, 2022 was executed between the parties whereby the OP agreed to provide photography services for three days, i.e. for wedding ceremony to be held on 28.04.2022, bedai and boron on 29.04.2022 and reception ceremony on 30.04.2022 and the total consideration was fixed at Rs.60,000/-(Rupees Sixty Thousand).  As per demands of the OP the complainants paid Rs.44,000/- to the OP as advance out of total consideration of Rs.60,000/-.  As per agreement, and advance amount of 50% of the package was paid by the complainants to the OP.  Copy of agreement is annexed (Annexure-A).  OP assured that the still photographs will be edited as per the choice of the complainants and the said edited photographs will be printed in the album. Complainants stated that the OP sent some edited photos, but the qualities of the edited photos were not satisfactory to them.  The complainants requested the OP to edit the said photos, but the OP refused to edit again.  Complainants stated that the OP used filthy languages to the complainants and stated that photos could not be edited.  Thereafter on 29.06.2022 the complainants requested the OP to deliver the raw videos and photographs and also requested to refund the advance money. OP replied to the complainants that she has already submitted the all raw images and videos to the complainants. Complainants stated that all raw photos and videos are in the possession of the OP.  Thereafter the OP started to avoid receiving calls of the complainants. (Screen shot of payment are annexed) (Annexure-B).

On 15.07.2022 the complainants sent a legal notice to the OP inter allia praying for refund of advance money and all raw photos and videos. (Annexure-C). Complainants also lodged one complaint before Narendrapur Police Station on 24.07.2022 (Annexure-D).  Ld. Advocate of the OP replied to the legal notice and claim Rs.1,16,000/- of the complainants on behalf of his clients for false and fabricated statement.  After that the complainants tried to contact the OP several times but OP could not be contacted anyway.  Finding no other alternative the complainants filed the instant complaint case with prayer to refund the advance money Rs.44,000/- (Rupees Forty Four Thousand) and raw videos and still photos of the marriage, bedai baran and reception ceremony and Rs.50,000/- (Rupees Fifty Thousand) as compensation, for  harassment  and deficiency in service.

OP contested the case by filing written version contending inter allia that the claims of complaints are all false and fabricated.  OP was engaged by the complainants for capturing steel photography and video recording for his marriage ceremony as per demand of the complainants.  OP has fulfilled all the demands as stated by the complainants.  OP sent some edited photographs to the complainants, but the complainants raised the question of quality of photographs  which were not at all satisfactory as promised. The Complainants requested the OP to edit again to the photographs, and then only OP told the complainants that the natural look of any person cannot be totally edited by the photography.  The OP did not use any filthy languages to the complainants.  OP stated that he delivered all raw images and photography by providing on line link.  OP also stated that the complainants have expressed their dissatisfaction without assigning any proper reason. Several times OP tried to communicate with the complainants to edit or rectify the video and photos, if required, but the complainants demanded advance money which was paid by them than re-editing.  OP denied all the allegations.  Therefore, the OP is praying for dismissal of the consumer complaints filed before the Commission. 

 Points for consideration :-

1. Are the complainants  consumers?
2. Is the OP guilty of deficiency in service and unfair trade practice?
3. Are the complainants entitled to get relief as prayed for?

Decisions with reasons :-

Points No.1:-

On perusal of the case records along with the copies of documents, it appears that the complainants hired services of the OP for preparation of photo album and video photography in their marriage ceremony. Complainants paid Rs.44,000/- as advance to the OP.  Therefore, the complainants are consumers as defined U/S 2(7) of Consumer Protection Act, 2019.

As such, the first point is decided in favour of the complainant.

Points No.2 & 3:-

Both the points are taken up together for the sake of convenience and as they are interlinked. 

The complainants hired services of the OP for preparation of photo album and video photography in their marriage ceremony.  On 2^nd March, 2022, OP provided the agreement / detailed information pertaining to the terms and conditions of their service to the complainant.  Details of packages was, two albums, 20 sheet (40 pages), one traditional video, one wedding video for the date of 28.04.2022 (wedding), 29.04.2022 (bedai) and 30.04.2022 (reception).  Complainants paid Rs.44,000/- out of Rs.60,000/- to the OP for video as well as steel photography of wedding ceremony along with two albums.  The photographs were taken on 28.04.2022, 29.04.2022 and 30.04.2022 (still as well as video).  The OP sent some edited photos to the complainants, but the complainants were not satisfied with those edited photographs.  According to the statement of the OP when the complainants raised question of quality of photographs, then the OP told that the natural look of any person cannot be totally edited.  After filing the instant complaint case, complainants also filed an injunction petition apprehending that the OP may delete the photographs and videos.  Complainants also requested to the OP to deliver the raw images of photos and videos along with refund of advance amount of Rws.44,000/- out of consideration amount of Rs.60,000/-. Till today the complainants did not receive any photographs and CDs.  Ultimately, the OP failed to deliver the photos and videos of wedding ceremony along with two albums.  OP failed to give proper service and not yet handed over the photographs as well as albums.  OP stated that they delivered all the raw images of photographs and videos via on-line to the complainants.  But there is no such documents to prove that the all photos and albums were delivered by the OP.  There is denial of the fact that till date photo album, CDs of wedding ceremony containing sweet memories have not been supplied by the OP to the complainants as promised.  Wedding is most important events of one’s life and as such wedding photographs are of the most important part of the ceremony.  Therefore, it can be safely said that OP was deficient in providing service and as such the complainants are entitled to get the relief as prayed for. The complaint as filed by the complainants deserves to be allowed.

In the result, the complainant case succeeds.

Court fee paid is correct.

Hence, it is,

                                                                                ORDERED

That the instant complaint case be and the same is allowed on contest against the OP with cost of Rs.5,000/- (Rupees Five Thousand).

OP is directed to provide all edited photo albums, CDs and Soft Copies of all marriage functions covered by him, to the complainants within 45 days from the date of passing of this order failing which the complainants are entitled to get back the consideration amount paid by them to the OPs to the tune of Rs.44,000/- (Rupees Forty Four Thousand) with interest @ 9% per annum from the date of agreement (22.04.2022) till full realization of the same.

OP is directed to pay Rs.5,000/- (Rupees Five Thousands) for harassment suffered by the complainants within 45 days from the date of passing of this order.

Litigation cost of Rs.5,000/- (Rupees Five Thousand) to be paid by the OP within the stipulated period of 45 days.

At the same time, the balance amount of Rs.16,000/- (Rupees Sixteen Thousand) (Rs.60,000/- - Rs.44,000/-) will be deposited by the complainants in the Consumer Welfare Fund of this Commission in default within 30 days from this order, the complaint case shall be deemed to have been dismissed.  Money deposited by the complainants, i.e. Rs.16,000/- (Rupees Sixteen Thousand) shall be disbursed in favour of the OP only after delivery of photo albums etc. as indicated above.

The complainants are at liberty to put the order into execution after expiry of 45 days in case the order is not complied with by the OP from the date of passing this order.

Let a copy of this order be supplied free of cost to the parties concerned.

That the final order will be available in the following website:www.confonet.nic.in.

Dictated and corrected by me.

       Shampa Ghosh                 

           Member