In spite of making all the payment upfront to my wedding photographer he has not delivered the promised Videos and wedding photo album. It's been 2 years and the guy is not responding to to any of my calls. Some files of the haldi ceremony were even lost by him. Apparently he lied initially to me saying that his hard disk was damaged and were being recovered. However even after umpteen number of followups I did not get a result. Finally one day on my insistance to get the status of the files being recovered he confesses to losing those files. Now I have requested him to deliver the other files. But he is just dodging my calls. Please advise me on how I could proceed with a lawsuit.
Here, as you have made all the payments as per request and yet he was not ready to deliver the same after continuous demand it could be considered as "Cheating" defined under Sec.415 and 420 of Indian Penal Code. As your situation qualifies the ingredients of the said section, you could directly to the near by Police Station and file a suit under this section. By this you may either be compensated with fine and may request him to give your photographs or in particular cases he may be imprisoned.
I hope this may help you and hope you may receive those photographs at the earliest. Thankyou.
Do you have any written contract with him? Theoretically, you can do lawsuits but practically without any written contract it will be hard to take any concrete action against him. And it already been 2 years.