file police complaint against him for cheating under section 420 of IPC
2) you can also file complaint against photographer for deficiency in service and seek refund of money paid , compensation for mental torture undergone by you
Photographer not ready to hand-over the copies
Hello All, I am writing this query from Bangalore, I would like to take your suggestions on how to proceed further where the photographer was called in for a photoshoot for my son's Birthday party celebration. However, the photo's & Videos were just shared (Raw Footage) without any professional editing was done. As we had a argument by looking at the footage was pathetic. So now he is not ready to do any editing for photo's or Videos, though i have paid the full amount as he was demanding for the money in advance. I do not have any paid slip but paid online so i have the details of payment. How should i proceed further to get the photo's or videos edited. Should if file an FIR or compliant to Local Police.
Asked 3 years ago in Consumer Law
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9 Answers
Thank you Mr. Ajay. So i have to file a compliant in Police for Cheating & as well as being dishonest. The point 1 & 2 are same. As these need to be highlighted and file a compliant with local Police right. Just to confirm if i understood right. However, Point 1 & 2 are just two categories which you have highlighted.
Asked 3 years ago
police may not intervene as it is a civil dispute
hence advised you file complaint against photographer before consumer forum to recover your money
This is clear case of deficiency of service by service provider as defined under Consumer Protection Act, 2019. Payment online and photographs/videos are sufficient proof of transaction which he cannot deny. Issue a lawyer's notice seeking proper treatment to photographs/videos within specified time, warning of legal action. After that file a complaint in District Consumer Commission. Under new Act proceedings are very fast in Commission and commission has sufficient powers to issue such directions. You will get photographs/videos properly done, compensation for mental harassment, cost of complaint and lawyer's fee.
FIR will not work. Send legal notice and file consumer complaint. If you have any contact with police ask them to calll and intervene it may help you
- Since, you have paid full amount for the said services then that photographer is bound to do the work as were agreed between you and him.
- Further , if he failed to do so , then you are entitled to get full refund on the ground of deficiency of services.
- If , he is not doing the work as assigned by you to him , then send a legal demand notice to him for getting full refund from him.
- If, no response, then file a complaint before the Consumer forum for getting full refund or to get work done and thereby you can also claim compensation for mental harassment.
Hi, First you have to issue a legal Notice ask him to hand over photos and if he not handed over inspite of your legal Notice then you can lodge consumer complaint for deficiency of service.
This is a deficiency in service, hence you can take action against the photographer through consumer court.
If he has committed any criminal offence in this regard then you can very well give a complaint with the police.
However in the absence of any written agreement, you can mention that it was on an oral agreement based on which you made the full payment.
You can produce the records for online payment done to him.
First issue a legal notice through a lawyer and then proceed legally against him.
Cheating and dishonest are two different subjects.
However both the above issues are not related to the behavior of the photographer.
He has refused to complete the work entrusted to him, hence it can be construed as breach of agreement as well as deficiency in service.
You can decide what action would be proper in order to bring him to perform the task to complete the same in all aspects.
Dear Client,
If you have been similarly cheated by your boyfriend you can file an FIR in the nearest police station under section 154 (cheating) of the Indian Penal Code.It is a lawsuit which is solely brought to harass or burden the other party by filing a meritless suit. Section 420 in the Indian Penal Code deals with Cheating and dishonestly inducing delivery of property. The maximum punishment which can be awarded under this section is imprisonment for a term of 7 year and fine.
Thanks & Regards
