LAWS(NCD)-2004-9-267

SANTOSH KASAR Vs. AWADESH VISHWAKARMA

Decided On September 29, 2004
SANTOSH KASAR Appellant
V/S
AWADESH VISHWAKARMA Respondents

JUDGEMENT

(1.) This appeal, under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 3.10.2002 in Complaint No.294/2002 by District Consumer Disputes Redressal Forum, Durg (hereinafter called the 'district Forum' for short) directing the opposite party/respondent to refund the advance of Rs.1,000/- received by him as advance besides he is also directed to pay compensation of Rs.2,000/- for mental harassment and cost of the complaint.

(2.) According to the averment in the complaint, the complainant was to be married on 24.5.2002 and had given contract for Video shooting and photography of the various ceremonies of marriage to the respondent, for a consideration of Rs.2,000/-. Out of which Rs.1,000/- were paid as advance. However, the respondent did not take photographs and did not do video shooting of the marriage ceremonies properly and in time.

(3.) Respondent in his written version averred that the amount of Rs.2,000/- was not adequate for the job of video shooting and photography and, therefore, he did not hand over the photographs to the complainant. It was also averred that there was no agreement between the parties and that the dispute between the parties arose because the complainant wanted to forcibly take away from the respondent photographs of the marriage ceremony. District Forum in the impugned order held that there was an agreement between the parties under which the respondent had undertaken to do photography and video shooting. It was also held that the respondent did not perform the above work as per agreement. It was accordingly held that there was deficiency in service by the respondent and compensation as above was awarded.