LAWS(NCD)-2015-10-159

AVTAR SINGH Vs. ONKAR SINGH @ KAARI

Decided On October 19, 2015
AVTAR SINGH Appellant
V/S
Onkar Singh @ Kaari Respondents

JUDGEMENT

(1.) Shri Avtar Singh, complainant runs a shop of cement and hardware (saria). He approached Onkar Singh, opposite party, who runs UK Digital Studio at Main Road, Chankoya and availed his services of still photographs and movie making. It was agreed between the parties that opposite party would charge a sum of Rs.21,000/- on the occasion of marriage of his son, Tirath Singh. The marriage took place on 26-09-2012. The petitioner paid a sum of Rs.15,000/- as advance in cash to the opposite party. It transpired that the photographs were of dull prints and movie was not of HD quality. The complainant asked to change the photographs and convert the movie in HD quality but the OP refused.

(2.) On other occasion, the OP purchased hardware material in the sum of Rs.79,010/- from the complainant. After some time he returned the material worth Rs.16,258/-. The OP did not pay the rest of the amount to the complainant but gave a slip showing the huge and exaggerated amount of photography and video making details in the sum of Rs.77,675/-. The OP gave a sum of Rs.70/- and informed the complainant that now nothing is due against him. The complainant repeatedly demanded the rest of the amount in vain. Ultimately, he filed complaint before the District Forum with the prayer that the opposite party be directed to pay a sum of Rs.56,682/- to the complainant and a sum of Rs.25,000/- be awarded as compensation. The OP denied all these allegations.

(3.) The District Forum allowed the complaint. However, the State Commission accepted the appeal filed by the OP and made the following observations: