luis said:
West was told: North holds 5♥, he has to act upon this information. Of cause he can decide not to trust South, but i don't think it is a winning strategie.
Counting the missing ♥'s North is left with KTxxx, 2 save tricks for North if playing ♥. It makes no sence to bid this 8 card suit and it is impossible to play 6♥.
So the decision not to bid his suit definitly happend, before west bid 3♠. At that time west did not know that North had in fact the minors.
luis said:
At the time when the picture "is completly clear" West bid his heart suit. Even East understood that West has good long hearts and does not "correct" to ♠. But With the bidding space gone and East can't bid the slam.
South gave an explanation that does not fit North hand. It is NS task to prove that S actually told what the agreement was. If NS can't prove that e.g. by pointing on their convention card, the TD has to assume missinformation. If the explanation of South is right, North missbid and there is no adjustment.
So there is missinformation.
There is damage and they are related => score adjustment.

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