Manikandan M v. Abhilash J J

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decided to take video in February. Due to the lack of staff to take stills, they decided to prepare album only. As per the renewed agreement, Rs. 25,000/- for album, Rs. 5,000/- for save the date and Rs. 800/- for mini book. The complainant had given Rs. 14,000/- as advance to opposite party. On 20/12/2021, as per the special request of opposite party, the complainant had given Rs. 20,000/- as hand loan for 2 days to opposite party. After marriage the complainant made all attempts to contact opposite party, but he neither delivered album nor contacted complainant over phone. When the complainant informed opposite party that he will give a police complaint for non-delivery of album, it is delivered on 10/11/2022. The complainant had given complaint to Chattanchal Police station for refund of the hand loan, and on discussion opposite party agreed that he will return the amount before 10/04/2023. But so far opposite party had not given the balance amount of Rs. 22,600/-. But the hand loan is not returned. Hence the complainant is seeking the balance amount of Rs. 22,600/- with compensation and cost.

Notice to opposite party served on 08/02/2024. Name of opposite party called absent, set exparte. The issues raised for consideration are;

1) Whether there is any deficiency in service/unfair trade practice on the part of opposite party in non-refunding of hand loan to the complainant?

2) Whether ethe complainant is entitled for relief? If so what is the relief?

In this case, the complainant hired the service of opposite party by entrusting to prepare his marriage album and video to opposite party by fixing a consideration. Thereafter due to the death of the father of the bride the date of marriage was postponed to 17/02/2022 and it is informed to opposite party on 10/12/2021. Both of them agreed to renew the earlier contract by amending amount and dates. Thus Rs. 25,000/- is fixed for album and Rs. 5,000/- for save the date , Rs. 800/- for mini book

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and complainant had given Rs. 14,000/- in advance. As per the special request of opposite party, the complainant was constrained to give a hand loan of Rs. 20,000/- to op on 20/12/2021 for 2 days. But after marriage, opposite party was evading the complainant amounts to unfair trade practice on his part. Even after police complaint also, the opposite party was not ready to refund the hand loan, but delivered the album. In the absence of rebuttal evidence, there is serious dereliction of duty on the part of opposite party which caused severe mental agony and monitory loss to the complainant. The opposite party is bound to refund the hand loan. The commission carefully gone through the affidavit and documents produced by the complainant. Ext. A1 and A2 are the details of cash transaction. Ext. A1 shows bank transfer of Rs. 8,000/-, Ext. A2 is the google transaction of Rs. 20,000/- from the complainant's account to opposite party. When the complainant informed opposite party that he will give a police complaint for non-delivery of album, it is delivered on 10/11/2022. But the hand loan is not returned so far amounts to unfair trade practice on the part of opposite party. The complainant is entitled for hand loan given to opposite party with interest, cost and compensation. The complainant is entitled for a compensation of Rs. 10,000/- and cost of litigation of Rs. 5,000/-. In the result complaint is partly allowed, directing opposite party to refund the amount Rs. 22,600/- (Rupees Twenty Two thousand Six hundred only) with 9% interest from the date 20/12/2021 till disbursal with a compensation of Rs. 5,000/- (Rupees Five thousand only) and cost of Rs. 3,000/- (Rupees Three thousand only) to the complainant within 30 days from the date of receipt of copy of this order. Sd/- Sd/-

MEMBER PRESIDENT

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Exhibits A1 - Details of bank transfer of Rs. 8,000/- A2 - Details of google transaction of Rs. 20,000/- Sd/- Sd/-

MEMBER PRESIDENT

Forwarded by Order Assistant Registrar JJ/