Wedding album, video undelivered, couple wins Rs 25,000 payout for ‘mental stress’

“Such events are once-in-a-lifetime occasions and the photographs and videos thereof possess immense sentimental and emotional value. The purpose of engaging a professional photographer is not merely to obtain printed photographs but to preserve cherished memories of important milestones in life,” the commission said in an ex parte ruling on May 29.

Justice Raj Shekhar Attri presided over the matter that was heard by the Chandigarh State Consumer Redressal Commission on May 29.

Initially, the couple had moved the district consumer commission which ordered Rs 10,000 compensation. The state commission, however, said that it “cannot lose sight of the fact that the complainant had to initiate legal proceedings and pursue it before the district commission for a “considerable period”.

Memories lost

• The couple engaged the services of “Yashography” for their ring ceremony on January 6, 2023, and wedding reception on February 15, the same year.
• They paid Rs 43,200, which is about 90 per cent of the total charges.
• The photographers agreed to provide all agreed materials, including a hardbound album containing 200 photographs, two reels in original electronic format, and a 20×30 portrait, within two weeks of each function.
• However, despite repeated oral and written requests, they failed to deliver the materials.
• The complainant made several attempts to obtain the pictures and videos through WhatsApp messages, emails, telephone calls, and a legal notice demanding delivery of the materials on a fresh storage device.
• The photographers reportedly did not respond.
• The couple also visited the photographers’ last known office, only to discover that they had vacated the premises and refused to disclose their current address despite repeated requests.
• The couple approached the district commission, which ordered the photographers to deliver the album and two portraits in question.
• The photographers were also asked to pay Rs 10,000 to the complainants as compensation for causing mental agony and harassment, and for the costs of litigation.
• The couple made an appeal for higher compensation and litigation costs.

‘Mental trauma’

Advocate Mohan Singh, appearing on behalf of the complainant, submitted that the district commission had awarded only a meagre lump-sum amount of 10,000 towards compensation and litigation expenses.

It was argued that while granting the said amount, the district commission failed to note that considerable expenses were incurred by the complainants in repeatedly attending the proceedings before the commission for more than a year.

The complainants were also compelled to incur additional expenses in tracing the whereabouts and physical addresses of the photographer on repeated occasions.

The counsel argued that the complainant suffered substantial mental agony, harassment and inconvenience due to the photographer’s deliberate and persistent deficiency in service.

It was contended that despite having received 90 per cent of the agreed consideration, the photographer failed to deliver the promised photographs, albums and other deliverables within the stipulated period and continued to withhold the same even after the marriage.

‘Ends of justice’

The Chandigarh State Consumer Redressal Commission observed that compensation in consumer cases is intended not only to meet the actual financial loss but also to redress the mental agony, inconvenience, harassment and suffering caused to a consumer due to deficient services.

“The litigation itself involved expenditure of time, effort and resources. The mental stress and inconvenience occasioned by prolonged non-delivery of wedding-related memorabilia cannot be measured solely in monetary terms. Nevertheless, consumer fora are expected to award reasonable compensation so as to provide meaningful redress to an aggrieved consumer,” it said.

Hence, as per the commission, the amount of compensation must be reasonable in comparison to the nature of the deficiency, the conduct of the service provider and the extent of hardship suffered by the consumer.

The commission stated that the ring ceremony and wedding reception are “significant personal events” and the photographs and videos of such “once-in-a-lifetime occasions” possess immense sentimental and emotional value.

It further observed that the purpose of engaging a professional photographer is not only to obtain printed photographs but also to preserve cherished memories of “important milestones” in life.

The commission held that the “ends of justice” would be met if the compensation awarded was enhanced from Rs 10,000 to Rs 25,000, as the same would constitute a fair and reasonable recompense for the mental agony, inconvenience and litigation expenses suffered by the complainant.