Wedding videographer/photographer not deliverring the videos
Querist :
Anonymous
(Querist) 30 April 2018
This query is : Resolved
Hi,
I would like a post query on whether I can take the Photographer/Videographer to consumer court for not delivering the wedding videos even after 11 months of wedding. Here is the summary,
I received the first version of wedding videos after 5 months. After seeing the video we found that there are few corrections in the video in terms of video content and we wanted him to edit it. We sent him a list of changes over mail and asked him to do the changes. Initially he agreed but later he started arguing that whatever we have asked him to edit is not possible and it is as good as editing the video once again.He did not deliver for some time and when asked he said to make the complete payment so as to complete the work faster. We settled the payment in 1st week of Jan 2018. Till today we have not received the Videos from his end. He stopped taking our calls. Only way to contact him is through SMS and he replies only at his convenience.He even made a statement that he is very busy with other assignments and cant work on our video editing all the time and will work only when he is free as if he is doing it for free. He promised to deliver videos several times but never honored the commitment. This has happened almost 4-5 times now. Last time he asked us to come to his place and collect the videos saying he does not have time to come our house. When we arranged to pick the videos from his place we did not get it as he gave us an excuse saying that he forgot to leave the videos with concerned person. Every time he commits, he does not deliver giving some or the other excuses.We suspect that he has done some irreversible damage to our wedding video and wants to escape from delivering it.His rude and unprofessional behavior has become difficult to live with. Since we are communicating only through SMS I have all the conversations recorded. Can I use those SMS messages as evidence against him? Can I file a criminal case for cheating and file an FIR with the police against him or should I only send him a legal notice and fight the case in consumer court?
Thanks in Advance.
Ms.Usha Kapoor
(Expert) 30 April 2018
You can file a case in consumer court as well as you can file a police complaint for cheating you u/s420IPC.You can file SMES as evidence in court of law,.
Siddharth Jain
(Expert) 30 April 2018
My advice to you is that you serve a legal notice to him first, if he fails to do the needful within 15 days, then you proceed to consumer court against the said person.
I don't think filing of FIR would be useful in this matter as the matter can only be solved by giving a written complaint to the police and asking the police to call the photographer to the Police Station. Things would be clarified then.
For any other queries feel free to contact me at isidjain1@gmail.com
Advocate Bhartesh goyal
(Expert) 30 April 2018
On given facts no case of cheating or criminal case is made out,It is deficiency of services of photographer who did not deliver the videos inspite of having received the payment.File complaint before District Consumer Forum having jurisd�ction and claim videos and compensation towards mental and physical agony caused to you.
Advocate Bhartesh goyal
(Expert) 30 April 2018
On given facts no case of cheating or criminal case is made out,It is deficiency of services of photographer who did not deliver the videos inspite of having received the payment.File complaint before District Consumer Forum having jurisd�ction and claim videos and compensation towards mental and physical agony caused to you.
Kumar Doab
(Expert) 30 April 2018
For consumer complaint IT is not mandatory to send legal notice..
The complainant can appear in person or thru Authorized Representative or thru a counsel..
Preferably appear thru your own very able LOCAL senior counsel of unshakable repute and integrity specializing in civil/consumer matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt..and your counsel can advise you in person and even handle the matter to defend your interest.
Check at LOCAL DCDRF.
If you wish to go thru Act and decided cases log onto;
www.confonet.nic.in
Kumar Doab
(Expert) 30 April 2018
Pls post with your ID and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Querist :
Anonymous
(Querist) 01 May 2018
Thank you all for your expert advice...
P. Venu
(Expert) 01 May 2018
From the facts stated, no criminal action lies; the remedy lies in approaching a civil or consumer forum. Perhaps, the issue of legal notice, as already suggested, may sort out the issue.
Kumar Doab
(Expert) 02 May 2018
The legal notice may not come to you FREE even from online portals like LCI…
The LOCAL counsels junior/senior at LOCAL DCDRF may agree to issue even legal notice for FREE and handle case (if the need be) for a reasonable FEE say.Rs.2500/-…
A communication/notice from your end mentioning handing over to Lawyer for appropriate legal action may also fetch you desired relief…
If IT does not the option of legal notice and legal action remains open ..for which you need LOCAL counsels..
Even phone call from your lawyer may serve the purpose…and OP may agree to resolve..
Kumar Doab
(Expert) 02 May 2018
You are welcome..
Pls post your query with your ID and not as AQ , and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
