JAGDISH CHANDRA SHARMA vs R.K. VERMA

THE appellant is aggrieved of the conduct of the respondent photographer whose services he engaged for taking the photographs of the marriage ceremony of his daughter more than five years before. Vide impugned order dated 3.7.2001 passed by the District Forum, the respondent photographer has been ordered to deliver the photograph album to the appellant on payment of Rs. 3,350/- against the total bill of Rs. 4,350/-.

ACCORDING to the respondent, the total bill raised by him for preparing the video cassette as well as photo album was Rs. 7,850/- whereas according to the appellant, the balance amount which was due to the respondent photographer was Rs. 3,350/- as assessed by the District Forum. Appellant who is present in person states that he has been all the time ready to pay this amount to the respondent and had even paid Rs. 1,000/- advance to the respondent but the respondent had always been insisting for more money which was not due to him. Since the claim of the respondent as to the total amount due towards him has not been accepted by the District Forum, respondent was not justified in claiming more than Rs. 3,350/-. The perusal of the record shows that the respondent had raised suddenly the bill towards the photo album as well as the video cassette from the original agreed amount and that was why the District Forum accepted the plea of the appellant as to the balance of Rs. 3,350/- payable by him. The respondent was guilty for deficiency in service inasmuch as not handing over the photo album of marriage ceremony of complainant''s daughter in spite of receiving Rs. 1,000/- in advance and readiness of the appellant to pay remaining amount of Rs. 3,350/-.

Photo album of marriage ceremony of one''s daughter is of sentimental value and it can never loose its significance or curiosity for the person as the photo album of such a ceremony cherishes the memory for all times to come. We deem that compensation of the amount, which is due to the respondent shall meet the ends of justice. The respondent is directed to hand over the photo album to the appellant that he has brought today.

THE appeal is allowed in aforesaid terms. THE FDR, if any deposited by the appellant be returned forthwith. A copy of this order as per statutory requirements be forwarded to the parties free of costs and also the concerned District Forum and thereafter the file be consigned to Record Room. Appeal partly allowed.