• Cheated by wedding photographer

My wedding photographer has deleted all the data without providing all the content.
he said that he gave harddisk to my sister appartment gaurd.
but we dont have it. we did not gave any consent that we got the data or permission to delete it.
i am working professional and dont have time for legal court cases what should i do??
Asked 2 months ago in Civil Law from Ghaziabad, Uttar Pradesh

1. Did you enter into a written contract with him? I suppose not. 

2. If there was no contract between you and him then you have no case against him as he will never agree on his own accord to your allegations. 

3. Even otherwise you have no time for court cases, so forget it.

Ashish Davessar
Advocate, Jaipur
25875 Answers
741 Consultations

5.0 on 5.0

1. If you have no time for court cases then only thing you can do is to forget this issue.

2. Do note that you have come here only for legal advice and we are no way connected  to retrieve your lost data.

3. SO if you want advice on legal recourse then we would be happy to provide.

4. Else you will need to visit technical expert of this field.

Devajyoti Barman
Advocate, Kolkata
16485 Answers
231 Consultations

5.0 on 5.0

You should cross check with your sister apartment guard whether hard disk was given to him or not

 

2) were any  instructions given by your sister to hand over hard disk to security guard ?

 

3)you can file case against wedding photographer and claim compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
61304 Answers
3720 Consultations

5.0 on 5.0

You can serve a legal notice to the photographer for the deficiency of the services and can seek compensation from him in case he fails to compensate you, you need to file a consumer complaint seeking compensation from Photographer. 

You can engage an Advocate he shall proceed with the case.

Shubham Jhajharia
Advocate, Ahmedabad
15304 Answers
63 Consultations

5.0 on 5.0

1) Now, you can check with him if he had taken google backup or other way of backup.

 

2) Get face to face cross check in whose hand he had given harddisk of guard.

 

3) For this you can ask compensation from him that loss you have suffered.

Ganesh Kadam
Advocate, Pune
6426 Answers
47 Consultations

4.9 on 5.0

Dear Sir,

You are advise to issue legal notice for criminal breach of trust and thereafter file a criminal complaint against him and also file criminal complaint against him and also file consumer case with documentary evidence. Please initiate legal action immediately

Netravathi Kalaskar
Advocate, Bangalore
2447 Answers
6 Consultations

5.0 on 5.0

A legal notice should be sent to him and in case he does not respond then file a complaint against him in the consumer protection forum.

I dont think that without recourse to the law you can punish him as that is the only way which his legal although takes time.

Regards 

Rahul Mishra
Advocate, Lucknow
3236 Answers
9 Consultations

5.0 on 5.0

as you have no time for court cases then why are you asking your query on the legal forum?

Forget..........

Suneel Moudgil
Advocate, Panipat
649 Answers
1 Consultation

4.3 on 5.0

It will take some time. Normally a hearing a month is the norm. The next may also come after 2 months too. But once you file a complaint your lawyer will take care of everything. You dont have to be present.

Regards 

Rahul Mishra
Advocate, Lucknow
3236 Answers
9 Consultations

5.0 on 5.0

cases before consumer forum take 2 years to be disposed of 

 

you would get hearing dates once in two months or so 

 

 

Ajay Sethi
Advocate, Mumbai
61304 Answers
3720 Consultations

5.0 on 5.0

Dear SIr,

 

-Having shared that you have PDF of Contract and other valid proofs for deliverable, you can send him legal notice and file suit for damages.

- You can approach to the consumer court and by providing all the facts, it will take 2-3 hearing to close the matter

- It is not necessary that you have to be present in every hearing at Consumer Court however under Consumer Act there is provision to get your per-diem (day salary if you take off from office to attend the proceedings) to compensation.

- Under Consumer act, it is not necessary to hire lawyer. You can represent your case by yourself. Besides, advisable to hire a lawyer for better guidance step-wise

- Giving hard-disk to gaurd without any written handover copy shall not stand in court if you have contract in place.

- Rest shall advise to take out the time for proceedings as it is clearly breach of trust.

 

Regards

 

Vivek Arya

Vivek Arya

Vivek Arya
Advocate, Gurgaon
302 Answers
3 Consultations

5.0 on 5.0

1) If you make complaint online check how many cases are pending before your complaint. It may take 6 months to 12 months.

Ganesh Kadam
Advocate, Pune
6426 Answers
47 Consultations

4.9 on 5.0

Consumer court is the best option. It will be soon settled in Consumer court. The case can go from 6 months to 1 year sometimes. Exact period can't be estimated

Prashant Nayak
Advocate, Mumbai
8291 Answers
11 Consultations

4.8 on 5.0

You can file a complaint to district consumer forum under DEFEINCY OF SERVICE and claim compensation. 

Mohammed Mujeeb
Advocate, Hyderabad
7067 Answers
3 Consultations

4.5 on 5.0

On an average it takes about 3–5 years 

Mohammed Mujeeb
Advocate, Hyderabad
7067 Answers
3 Consultations

4.5 on 5.0

See consumer court matter can take 2-3 years. Generally one or hearing a month take place.

Shubham Jhajharia
Advocate, Ahmedabad
15304 Answers
63 Consultations

5.0 on 5.0

sir, first of all, do you have time to visit court?

if yes, usually a consumer case took 15-20 hearings and it is not mandatory to present on every hearing, your advocate will take care of the case,

 

Suneel Moudgil
Advocate, Panipat
649 Answers
1 Consultation

4.3 on 5.0

This matter do not come under the jurisdiction of the consumer court because you do not have a written contract between you and the photographer so don't go this way, you go by way of IPC and CrPC so file a complaint against the photographer and during the investigation put all the facts.

Koshal Kumar Vatsa
Advocate, Gurgaon
1331 Answers
1 Consultation

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been cheated the photographer, and now he is threatening you without understanding the legal consequences for the same.
  2. There can also be a criminal complaint against him for threatening as well as for deleting everything, but as you said you do not want that then you should file a complaint in civil court of law rather than cosumner forum.
  3. You may have to file a suit for the breach of contract (implies contract) and must ask for the compensation as the loss which has been done to you is irreparable.
  4. I am sure then he would give you a copy of the photographs if he has, otherwise would have to compensate you.

Sanjay Baniwal
Advocate, South Delhi
3996 Answers
7 Consultations

5.0 on 5.0

Send him  a legal notice first, and seek a duplicate copy of photos, or damages in lieu thereof.

If the issue is not resolved despite your legal notice, fit case to approach the consumer Court. 

Vibhanshu Srivastava
Advocate, New Delhi
8222 Answers
117 Consultations

5.0 on 5.0

About one hearing in 2 months/

The case may take a couple of hearings to get decided. 

Vibhanshu Srivastava
Advocate, New Delhi
8222 Answers
117 Consultations

5.0 on 5.0

If you want to solve this issue legally then you may have to spare time to file a consumer case against the photographer seeking compensation for the deficiency in service.

If you cannot spare time then issue a legal notice and wait for his reaction and if it is not feasible then you may have to ignore the same.

T Kalaiselvan
Advocate, Vellore
51403 Answers
612 Consultations

5.0 on 5.0

The conduct of consumer court and the disposal of the case before it will depend on the court and place where it is being conducted.

In some places the consumer cases get disposed very fast and in some places it takes more than 5 years also owing to various factors involved in it and primarily being non-availability of a regular judge or a regular member.

 

T Kalaiselvan
Advocate, Vellore
51403 Answers
612 Consultations

5.0 on 5.0

- As per the law, the photographer is bound to delive the contents in completed form. 

-  If, the photographer fails to deliver the same to you , he has to compensated for the same.

- If, he is not showing you any sufficient proof for the delivery of the contents , then you have right to take legal action against him.

- you should send him a notice against his services and also lodged a complaint to the polce for his threatening .

- If the photographer not response you within 14 days of time , then you should file a complaint before the consumer court of your juridiction for the said services and compensation as well.

- Your presence before the court is not mandatory , take help from any person or lawyer.

 

 Good luck and dont forget to positive rating.

Mohammed Shahzad
Advocate, Delhi
298 Answers
13 Consultations

5.0 on 5.0

Dear Sir,

Every consumer court has its own way of dealing with cases. For example, the Chandigarh Consumer Court is fast. It wraps up full cases in less than 2 years. 1.5 years is good time.

The Punjab Consumer Court takes more than 2 years in a normal consumer trial. If it’s complicated (like if the evidence of an independent expert is required), 3 years is normal.

The National Consumer Courts (Delhi) give adjournments ranging upto 6 months. So you can imagine the number of years one case will take to come full circle.

Netravathi Kalaskar
Advocate, Bangalore
2447 Answers
6 Consultations

5.0 on 5.0

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