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MUKESH V. SHARMA, POONAM V. MAHARSHI
Neha Prakash Valecha – Appellant
Versus
Dinesh Vijaykumar Nathani – Respondent
JUDGMENT
Mukesh V. Sharma, Presiding Member—The present consumer complaint is filed by the complainant under the Consumer Protection Act, 1986, alleging deficiency in service and unfair trade practice on the part of the Opposite Parties in respect of professional services contracted for photography and videography at the wedding and related events of her only daughter held in November 2016. The complaint prayed for compensation for mental agony, loss of invaluable memories, refund of amounts paid, and expenses likely to be incurred due to failure on the part of the service providers to discharge their obligations with reasonable care, skill, and timeliness, as expected of professionals in their trade.
2. The brief facts of the case, as set out in the complaint and supported by documentary evidence, are that the complainant had engaged the Opposite Parties, upon reference by Ram Decorators of Ulhasnagar, for coverage of all wedding events scheduled between 9th November 2016 and 15th November 2016. A consolidated quotation of Rs.3,13,000/- was given by the Opposite Parties for videography and photography of the bride and groom’s sides, including creation of albums, wedding highlights
Consumer commissions are empowered to grant fair and just compensation for actual suffering and loss, not to validate exaggerated or remote claims – Counter claim is untenable before Consumer Commiss....
False assurance of time delivery of possession – Opposite Parties are deficient in providing its services to the Complainants as the Opposite Parties had given false assurance to the Complainants wit....
Deficiency in services occurs when contractual obligations regarding timely delivery are not met, allowing for consumer redress.
Consumers cannot be denied protections based on unsubstantiated claims of commercial purpose in property transactions.
Allotment of plot – If there is no time limit for performance of particular promise given by one party, it is to be performed within reasonable time.
Failure of Developer to comply with contractual obligation to provide flat to a flat purchaser within a contractually stipulated period amounts to a deficiency.
Complicated questions – Nothing cogent has been brought on record by the Opposite Parties which would reflect that there are such complicated questions involved which could not be settled on the basi....
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