S.CHANDRA MOHAN NAIR, J. - (1.)Being aggrieved by the directions contained in the order dated 30.10.2010 of CDRF, Wayanad in CC 82/2010, the opposite party has come up in this appeal calling for the interference of this Commission as to the sustainability of the order passed by the Forum below. By the impugned order the opposite party is under directions to refund Rs.5000/- with compensation of Rs.10000/- to the complainant within one month from the date of receipt of this order.
(2.)The complainant has approached the Forum stating that he had entrusted the opposite party to record the betrothel and marriage function of her daughter in video CD and that an advance of Rs.2000/- was given towards the total agreed amount Rs.5000/-. The case of the complainant is that though the complainant asked for the CD recorded, the opposite party did not give it by raising one or other reasons. It is also her case that on filing a complaint before the police, the CD was shown to her which lacked the scenes that were recorded by the opposite party. The complainant further submitted that though the opposite party agreed to hand over the CD after rectifying the defects, the same was not handed over and hence the complaint was filed praying for directions to pay compensation of Rs.85000/- along with refund of Rs.5000/- already paid by the complainant to the opposite party.
(3.)Resisting the complaint opposite party filed version and contended that the betrothal and marriage function were recorded and the video CD was given to the complainant and consequent to the complaint before the police and mediation, the opposite party had given the video CD after rectification and hence there was no deficiency in service on the part of the opposite party. Pleading that the opposite party did not commit any deficiency in service he prayed for the dismissal of the complaint with costs.