If you are stuck in such a situation, here is what to do.

Mr. Alok Sharma, a resident of Amanpur, hired a photography service, “Dream Frames Photography,” for his daughter’s engagement and wedding ceremonies, which were held a month apart. As per their agreement, Mr. Sharma paid 50% of the total amount in advance. Following the engagement, the photographer shared a temporary online link to the photos, which unfortunately expired before the family could download them. Despite repeated requests, the photographer, Mr. Ravi, declined to resend the link, stating he would deliver all the media together after the wedding.

However, more than six months have passed since the wedding, and Mr. Sharma’s family has been constantly following up to no avail. The photographer has failed to provide the complete set of photos and videos. He has only shared a few short, edited clips from both events, which is not the comprehensive coverage they paid for. Recently, Mr. Ravi instructed the family to send a pen drive to his studio for the data transfer. Mr. Sharma promptly did so. Now that the photographer has the pen drive, he has changed his stance and is demanding the remaining 50% of the payment before he will hand over any of the photos or videos. Given the persistent delays and unprofessional behaviour, the family is hesitant to pay the balance without any guarantee of receiving their precious memories.

The family also noted a clause in their agreement stating that the data must be collected within 60 days of the event. However, this clause is contestable as the photographer himself never made the complete data available for collection within that timeframe, thus making it impossible for the family to comply.

Advice in such cases

Navigating such a dispute requires a structured approach. Here are the steps you can take:

• Review the Agreement: Carefully read the contract you signed. Identify clauses related to deliverables, payment schedule, timelines, and dispute resolution. The photographer’s failure to provide the photos for collection makes the 60-day clause weak on his part.
• Communicate in Writing: Send a formal, written communication (preferably an email or a registered post letter) detailing the entire sequence of events. State your request clearly: provide the complete, unedited, high-resolution photos and videos for review, after which the final payment will be made as per the original understanding. This creates a solid paper trail.
• Send a Legal Notice: If the photographer does not comply, the next step is to have a lawyer send a formal legal notice. This notice will outline your grievances, the deficiency in service, the breach of contract, and the relief you are seeking (delivery of photos/videos and compensation for harassment). It often specifies a timeframe (e.g., 15 days) for compliance, failing which you will initiate legal proceedings.
• File a Consumer Complaint: Photography services fall under the Consumer Protection Act, 2019. The photographer’s actions amount to a “deficiency in service” and an “unfair trade practice.” You can file a complaint before the appropriate District Consumer Disputes Redressal Commission.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

This situation involves aspects of both consumer law and contract law.

• The Consumer Protection Act, 2019: This is your primary recourse. The photographer has provided a deficient service by not delivering the promised goods (photos and videos) and is engaging in an unfair trade practice by demanding full payment before fulfilling his end of the bargain. You can seek not only the delivery of the media but also compensation for the mental agony and harassment caused.
• The Indian Contract Act, 1872: The agreement between you and the photographer is a legally binding contract. His failure to deliver the photos and videos is a clear breach of contract. You can file a civil suit for specific performance (forcing him to deliver the media) and for damages.
• The Bharatiya Nyaya Sanhita, 2023 (BNS): In certain extreme cases, if it can be proven that the photographer had a dishonest intention from the outset to not deliver the photos and just take the money, it could potentially amount to cheating under Section 318 of the BNS. Furthermore, his refusal to return your pen drive or the data on it after taking possession could be construed as a criminal breach of trust under Section 316 of the BNS. However, pursuing a criminal complaint is often more complex and police may view it as a civil dispute.

If you are the complainant

• Gather All Documentation: Collect every piece of evidence you have. This includes the signed contract, receipts or bank transfer details of the advance payment, and all communication records like WhatsApp chats, emails, and call logs.
• Draft a Clear Timeline: Write down a chronological account of all events, from the day you hired the photographer to the most recent communication. This will be crucial for your complaint.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• File the Complaint: With the help of your lawyer, file a well-drafted complaint in the relevant Consumer Commission. The jurisdiction will depend on the total value of the service and compensation claimed.

If you are the victim

• Stay Calm and Act Strategically: Avoid emotional confrontations. All your communication should be formal and documented. Do not make any further payments until you have received and verified the complete deliverables.
• Preserve Your Memories: If you have any of the short clips or low-resolution images he sent, back them up safely. This is part of the evidence.
• Understand Your Power as a Consumer: The law is on your side when there is a clear deficiency in service. You paid for a service that you have not received.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

In most instances, the police will view this as a civil dispute arising from a breach of contract rather than a criminal offence. If you approach a police station, they are likely to advise you to settle the matter amicably or to seek remedy in a civil court or consumer forum. They are generally reluctant to file an FIR for such cases unless there is strong evidence of fraud or criminal intent from the very beginning. While you can make a formal complaint, the more effective and direct route is through the Consumer Commission.

FAQs people normally have

What evidence is required?

Strong evidence is key to winning your case. You will need:

• The written agreement or contract with the photographer.
• Proof of all payments made, such as bank statements, UPI transaction details, or receipts.
• A complete record of communication, including emails, WhatsApp chats, and SMS messages where you have followed up and where he has made promises or demands.
• The pen drive courier receipt, proving you sent it as requested.
• Any partial work delivered, like the short clips, as evidence of the contract’s existence and partial (and unsatisfactory) performance.

How long will the investigation take?

The term “investigation” here applies to the legal process, not a police inquiry. The timeline can vary:

• Legal Notice: The issue might be resolved within 15-30 days if the photographer responds to the legal notice and complies.
• Consumer Complaint: The Consumer Protection Act, 2019, mandates a swift resolution process. Ideally, cases should be disposed of within 3-5 months if no complex analysis is required. However, due to the caseload of the commissions, it can realistically take anywhere from 6 months to over a year.
• Civil Suit: This is the longest route and can take several years to reach a final verdict. It is generally not recommended for such disputes unless the stakes are exceptionally high.

Advocate Sudhir Rao, Supreme Court of India