Wedding photographer to pay fine and compensation for late or non-delivery (Mohammad Amir / Enchanted Films / Dyno Media)
A wedding photographer/videographer has been fined $4,500 by the Perth Magistrates Court and ordered to pay $5,650 in compensation to three consumers for supplying promised photo and video packages either too late or not at all.
Mohammad Amir, formerly trading as Enchanted Films and Dyno Media, was also ordered to pay costs of $5,000 when he pleaded guilty in the Perth Magistrates Court on 11 October 2018 to four charges of breaching the Australian Consumer Law by accepting payment but failing to supply within the agreed time of three months or within a reasonable time.
Mr Amir had:
- Charged $1,100 to cover a wedding in December 2014 but didn’t supply the edited video until eight months later;
- Charged $4,700 to cover a wedding in August 2015 but didn’t supply the photo album as agreed and supplied the wedding video one year later and the raw photos and video ten months later (partial compensation of $650 awarded to consumer);
- Charged $2,500 to cover a wedding in November 2015 but has not supplied the edited or raw video almost three years later (full compensation of $2,500 awarded to consumer); and
- Charged $2,500 to cover a wedding in December 2015 but the edited video has not been supplied, only the raw video (full compensation of $2,500 awarded to consumer).
Magistrate Hawkins commented that the consumers were not “buying a fridge or vacuum cleaner” but were spending lots of time and money on an important one-off event and Mr Amir had learned first-hand how emotional people are about their weddings.
Commissioner for Consumer Protection David Hillyard said the newlyweds’ unfortunate experience with regard to getting their wedding photos and videos from Mr Amir has been a source of anxiety.
“The fear of not receiving the images of their special day has produced some stress for these consumers at a time when they should be celebrating their new life together,” Mr Hillyard said.
“The couples were promised their photos and videos within three months so it’s totally unacceptable for them to have to wait much longer and, in one case, still waiting after three years.
“It’s important when engaging a photographer or videographer to agree on set timeframes before entering into a contract and don’t pay too much upfront – pay in instalments as work is done and the promised packages are supplied.
“Also consider paying by credit card as there may be an option of requesting a charge back if goods are not delivered.”
Consumers having issues with photographers/videographers should contact Consumer Protection by email firstname.lastname@example.org or call 1300 30 40 54. Consumers may consider visiting www.aipp.com.au when looking for a professional photographer.
Consumers who are having problems receiving goods or services that they have paid for can lodge a complaint with Consumer Protection online at www.consumerprotection.wa.gov.au. Enquiries can be made by emailing email@example.com or by calling 1300 30 40 54.
Media Contact: Alan Hynd, (08) 6552 9248 / 0429 078 791 / firstname.lastname@example.org
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