BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-IV (N/E), D.C. OFFICE COMPLEX NAND NAGARI, DELHI

COMPLAINT NO. _____OF 20XX

IN THE MATTER OF -:

 XXXX                                                                   COMPLAINANT

                                                VERSUS

 XXX & ANR.                                                     …OPPOSITE PARTIES

MEMO OF PARTIES

1.     SH. XXXXX                                                     …COMPLAINANT

S/O SH. XXXXX,

R/O. XXXX
DELHI-1100XX.

                                                     VERSUS

1.      M/S. XXXXX                                                         …OPPOSITE PARTY NO.1

XXXXX

E-mail: XXXXX

Mobile No : XXXXX

2.     SH. XXXXX                                                             …OPPOSITE PARTY NO.2

PARTNER OF XXXX

E-mail: XXXXX

Mobile No. XXXXX

   SH. XXXXX                                                …OPPOSITE PARTY NO.3  

PARTNER OF M/S. XXXXXX   

XXXXX,

Mobile No. XXXXX

E-mail: XXXXX

4.     M/S. XXXXX                                                         …OPPOSITE PARTY NO.4

         AT:- XXXXXX

         GSTIN NO. XXXXX

5.     SH. XXXXX                                                          …OPPOSITE PARTY NO.5

PROPRITER OF M/S. XXXXX

S/O. SH. XXXXXXX

AT: XXXXX

AADHAR NO. XXXXXX

MOBILE NO.  XXXXXX

6.     M/S. XXXXX                                                           …OPPOSITE PARTY NO.6

& XXXXXX 

(A Unit of XXXXXXX  Pvt. Ltd.)

VILLAGE, XXXXX

Mobile No.  XXXXX.

E-mail:- XXXXXX

7.     SH. XXXXX                                                 …OPPOSITE PARTY NO.7

PROPRIETOR OF M/S. XXXXX

HOUSE NO. XXXXX

MOBILE NO. XXXXX

E-mail:- XXXXXX

DATE :- XXXXX                                                             COMPLAINANT

PLACE: DELHI                          THROUGH

                                                                                                COUNSEL

                                                                                     XXXXXXXXXXXXXXX

                                                                                         Email:  XXXXXXX

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-IV (N/E), D.C. OFFICE COMPLEX NAND NAGARI, DELHI

COMPLAINT NO.  ______OF 20XX

IN THE MATTER OF-;

     XXXX                                                                           COMPLAINANT

                                             VERSUS

XXXX & ANR.                                                        …OPPOSITE PARTIES

COMPLAINT UNDER SECTION 35 (1) OF THE CONSUMER PROTECTION ACT, 2019

MOST RESPECTFULLY SHOWETH:-

INTRODUCTION OF COMPLAINANT:-

1.  That above said complainant is a resident of abovementioned address since long time with his family and is respectable citizen, having great regard and respect for the laws of the country.

INTRODUCTION OF OPPOSITE PARTY NO. 1, 2 &3.

2.     That the opposite party no.1, is M/S. XXXX partnership firm/organization having registered office at :- XXXXX , and works as wedding planners, event organizers for wedding, Bhajan Sandhya Organizer & Corporate Event Organizers etc. and opposite party no. 2 & 3 are the partners of opposite party no.1 through partnership firm/ Organization/business.

INTRODUCTION OF OPPOSITE PARTY NO. 4, 5, 6, 7 & 8.

3.     That the opposite party no.4 is Proprietorship firm/business/organization under the name & style of XXXX ASSOCIATES” having registered office at:- XXXXX, and deals in  Tour Operator Services, Other Travel Arrangements and related services, contract basis Construction Services and real Estate Appraisal services, on commission basis etc. having pan no. XXXXX and opposite party no.5 is the proprietor of opposite party no.4 and opposite party no.6 is the resort, under the name & style of “ XXXXX & XXXXX, a unit of Manila Resorts Pvt. Ltd. and opposite party no. 7 is the proprietorship firm under the name & style of “M/s. XXXXX” having registered office at House No. XXXXX,  XXXX, deals in Event Management Services and opposite party no.8 Sh. XXXXX, is the proprietor of opposite party no.7.

COMPLAINT:-

4.     That the complainant is a consumer within the definition of the Consumer Protection Act and constrained to approach this Forum against the gross acts of the opposite parties wherein these have committed serious deficiency of services

5.     That in the month of August, 20XX, complainant along with his elder brother Shri XXXX were planning for his own destination wedding to be done by taking services of wedding planner and in this concern complainant made search on internet website “XXXX” and on very next day, opposite party no.2&3, approached to complainant through opposite party no.1, with offer to provide end to end solutions for wedding event at very reasonable & hassle free services at the door step, for wedding event and arrangement of destination wedding. Both, the complainant and opposite party no.1, 2 & 3 were agreed to avail/provide services for destination wedding, after discussing the event and arrangement of destination wedding, service and service charges, mode of payment etc. whereas the opposite party offer destination wedding at “XXXXXX” XXXXXX, Uttarakhand and the offer was accepted by the complainant against the total service charges/consideration of Rs. XXXX/- including/excluding GST/service charges. Then complainant XXXXX, Uttarakhand with his friend, where opposite party no. 2, 3 were already present there, introduced their business partner, XXXXX /opposite party no.5, the proprietor of opposite party no.4, having GST No. XXXXX, for Uttarakhand region to complainant and opposite party no. 2 & 3 were assured complainant that opposite party no. 5 will arrange all the required things for destination wedding and complainant do not need to bother at point and  further assured that opposite party no. 1,2,3, 4 and 5 jointly or/and severally arrange all required things, arrangement, formalities so the wedding function would not be bother/trouble by any means to the complainant. Upon the assurance and destination wedding arrangement, proposal given by opposite parties, the complainant had ready to book your services for his destination wedding at the agreed amount of Rs. XXXXX/- in which included all event, services, food, boarding lodgings, band, photographer, all artist like Mehdi, make-up Ghori and decoration i.e. from arrival to leaving from there on next day after the completion of marriage procession. Here is GST No. of OP no.4 is annexed as an ANNEXURE-A.

6.     That the complainant need to pay 10% i.e. Rs. XXXX/- of the total agreed amount at the time of booking/confirmation and hence the complainant paid Rs. XXXX/- on XXXX to opposite party no.1,2 & 3 through PAYTM, and Rs. XXXX/- on XXXX and the complainant selected resort was “XXXXX” XXXX village, XXXX, Uttarakhand and thereafter opposite party no.2, 3 &5had confirmed booking of the said resort for the complainant. Here is copy of copy of payment receipt as an ANNEXURE-B.

7.     That on XXXXX, the opposite party no.3 has telephonically said to the complainant that they/opposite parties need next part of payment i.e. XX% of total agreement amount, as of now opposite parties have to book more venders like Photographers, Band, Mehdi Artists Make-up, DJ, Rooms, Jai-Mala etc. at the said Resort and hence for the purpose, meeting with opposite party no.3, was fixed at Burger King, Connaught Place, New Delhi and opposite party no.3 request that as all his/complainant money have to spent further in cash to book multiple venders ahead that’s why give him/opposite party, either in cash or cheque in his name/opposite party no.3 and in those circumstances complainant had issue a cheque in favor of opposite party no.3 at there, of Rs. XXXXX/- of dated XXXX drawn on Bank of Baroda and thereafter on XXXX, the complainant had made a telephone call to the said Tag Resorts, to know about his wedding booking confirmation/status and upon hearing the reply, the ground slipped from the feet of the complainant because there was no such booking at the said resorts at Ram Nagar. Here is photocopy of cheque is annexed as an ANNEXURE-C.

8.     That thereafter on X^nd October,20XXcomplainant along with his elder brother Sh. XXXX and a friend namely Shri XXXXX, went to XXXX Uttarakhand to know the status of said Resort booking then the  business partner/planner/associate opposite party no.5, who was already present there made pretext one after another about the booking of said resorts and insisting to book another resorts and finally book another Resort namely “XXXXX” XXXX & Club, Corbett, a unit of XXXXXX Pvt. Ltd./ opposite party no. 6 with booking amount of Rs. XXXX/- that was later confirmed through e-mail by opposite party no.6,itself on XXXX for check in X^th December,20XX & check out X^th December,20XX and then after some days opposite party no.2, pressurizing complainant by intimidating in various ways to pay more amount to book other multiple services  like meals (breakfast, lunch hi-tea, dinner etc.) and then complainant had transfer Rs. XXXX/- on XXXX and Rs. XXXX/- on XXXXX through “PhonePe, Upi” reference no. XXXX and XXXXX respectively and in this way complainant had made payment to opposite party no.2, was Rs. XXXX/-, opposite party no.3 was Rs. XXXX/- and to opposite party no.5 was Rs. XXXX/-, hence total sum of money paid to opposite parties, were Rs. XXXXX/- out of Rs. X lakhs as per agreement dated XXXX and it is pertinent to mention here that the said agreement sent by the opposite parties no. 1,2,3 through e-mail and singed copy of agreement collected personally by the opposite party no.5 from the shop of complainant which is at XXXX Main Road, XXXX, Delhi-XX,  for entire wedding event as per agreement list of  services & e-mail list of services dated XXXX whereas according to agreement of you the notices have to provide the following services to our client:-

a). Decoration for all events,               

b). Photography for two days.

c). Mehdi Artist, Make-up Artist, D.J.

d). Food Arrangements for 125 pax.

e). Stay for all 125 pax (58 Rooms).

And as per E-mail of you the notices were inclusion of services are as follows:-

a)     40 Rooms for all in house guests (16 Baniyan cottages, 8 double bed rooms, 1 suite and rest are basic rooms.

b)    Decoration for all functions.

c)     Extra Space for Lagan Function.

d)    DJ Set-up for all functions.

e)     Photography for 2 days.

f)      \Meals (breakfast, lunch, hi-tea, dinner)

g)    Jai-Mala, Phoolon ki Chaadar, Milni haar.

h)    Sitting arrangements.

i)       One Tea stall for all time.

j)       Mare (Ghodi) and Band (16 pc).

k)    Make-up Artist for Bride, Mehadi Artist

l)       Packed food after Vidaayi (100 pax) and venue and menu schedule as per list of e-mail.

and it is pertinent to mentioned here that all payments were inclusion of GST 18% , whereas neither opposite party no.1,2 &3 nor business partner/opposite party no.4 &5 were provided any of agreed wedding services although opposite party  no.5, was present in person there and the opposite party no.2&3 did not even responded over phone, in fact, all opposite parties together have woven such a web and whoever customer goes inside in it, at  that point of time of life in such a way that either they lost their social prestige/reputation among their relatives or society nor they worthy of doing anything against your bunch of crooks. Here is copy of confirmation of booking “XXXXX” e-mail & other payment receipt are annexed as an ANNEXURE-D.

9.     That in those circumstances when opposite party no.6 had surrender to do anything and opposite party  no.1, 2 &3 were not responded then after about 3 hours of efforts complainant with help of his family members and relatives booked the same resort afresh for the wedding rituals and other abovementioned services although by taking advantages of the circumstances, opposite party  no.6, 7 & 8 provided defective, poor,  inferior & less services and also provided food quality, room services etc. at very high cost which was almost double price than usual price/cost for which complainant had paid Rs. XXXXX/- in addition to already paid to opposite party no. 1 to 5, of Rs. XXXX/- now the it is important to mention here that complainant had incurred Rs. XXXXX/- in place of Rs. X lakh as per agreement with opposite party no. 1 to 5 and opposite party no. 6&7the service provider had charged GST but not issued a GST Tax Invoice instead they issued payment detail on their letter head after many request and here is summary of payment to the OP’s details regarding said wedding event, are as follows:-

10. That just before the wedding opposite party no.2 &3 deliberately with connivance of opposite party no.5 &6, and with intention to extort additional money from complainant, all opposite parties together under the conspiracy  had raised many kinds of unfair demand for more money for the services for which complainant had already been paid to you opposite parties and same were confirmed by you opposite parties, and just before two days earlier of wedding ceremony i.e. on 4^th December, 20XX when opposite party no.2 telephonically aggressively force to pay additional Rs. XXXXX/- for the Band whereas band service was included in the service agreed and corollary mentioned in the agreement and same was confirmed through E-Mail by you opposite parties and in other hand complainant is the resident of Delhi whereas the marriage procession was at Dehradun hence it was irrelevant to complainant to arrange Band there and thereafter on XXXXX just one day before the day of wedding complainant get a telephone call again from opposite party no.5 and he start threatening & convincing in the same manner like opposite party no.2for the additional payment for the Band and apart from that he also try to convince complainant that when he/complainant would get a call from the Sh. XXXXXX the MD of opposite party no.6 and complainant has to tell him that he/complainant has to still pay Rs. X lakhs to opposite party no.6out of Rs. X lakhs because the total cost of the such function/event estimated around Rs. XX lakhs whereas the opposite parties are providing at only in Rs. X lakhs, which was very less amount to arrange a programme in such a famous & renowned resorts as per the opposite party no.5 and also due to this reason, the image of “XXXXX” has got spoiled hence complainant never supposed to tell anyone actual amount of wedding programme and it is pertinent mentioned here that the you opposite party with coercive motive making a spurious ground to extort additional money from complainant and in this concern the opposite party no.5  has induced complainant to tell that he has to still pay Rs.XX lakh to the XXXX for sake of  his/opposite party no.5 skin safe, from the XXXX MD of opposite party no.6, then opposite party no.5, shall pay Rs. XX lakhs to opposite party no. 6, out of that amount and Rs. XX lakhs from complainant and rest Rs. XX lakh would arrange from himself and thereafter complainant got a call on correct time from XXXX as per the schedule given by the opposite partyno.5, and complainant told XXXX exactly what XXXXX/opposite party no.5 had to say.

11. That on the wedding day when complainant along with his relatives, friends and guest reached at XXXX, Corbett on XXXXX at around XXXX AM, the staff of resort there had not allowed to enter in the resort by saying that complainant do not have any booking therefore complainant & his relatives were not allowed to enter in the said resort, even complainant showed up them a booking confirmation mail sent by opposite party no.6 itself, in presence of opposite party no.5, yet the staff of XXXXX refused to listen any request of the complainant and this auspicious occasion of marriage become a stigma for the complainant and they were very much insulted in front relatives, friends, guests, invitee’s when complainant had to spend 2-3 hours on the road whereas every person present there was busy cursing them that complainant was in the clutches of the wrong people and then complainant come to know that opposite party no.6 had deposited only Rs.  XXXX/- to book the resorts although it is necessary to mentioned here that the same resort has sent a booking confirmation through E-mail on XXXXX for booking amount of Rs. XXXX/-  and in circumstance complainant try multiple times to contact to opposite party no. 1,2 &3 but all efforts gone in vain because everything was being done under a well thought out trick and opposite party no.1,2 &3 did not responded and at last opposite party no.5,  has surrendered to do anything. Complainant understood in these circumstances that he had been subjected to a great deception & insult in their society, in front of all the people of own family, relative, guests, friends and all guest, relative, friends of bride side. Here is annexed copy of marriage card as an ANNEXURE-E.

12. That the complainant in extreme circumstances, had no alternative except by paying just and illegitimate types of payment to any extent by requesting for credit from the relatives for poor services, caterings and other arrangements etc. but to complete the rituals of marriage programme in those circumstances there and complainant had made abovementioned addition payment of Rs. XXXXX/- to the opposite party no. 6, 7 and 8. It is pertinent to mention here that the opposite party no.6 had issued a receipt of payment Rs. XXXX/- on its letter head whereas it also had charged Rs. XXXX/- for GST @X% on Rs.X lakh, although it had not been issued tax invoice for the same even after many request for the tax invoice whereas the opposite party no. 7& 8 had issued invoice no.91 of dated XXXXX without GST although having GST No. XXXXXX. Here is copy of GST No. & Invoices issued by OP No. 6, & 7 are annexed as an ANNEXURE-F.

13. That complainant being hurt by all abovementioned incidents, when he, his family and relative preparing for the police compliant there, the opposite party no.5 who was present there said that he accept his mistake and he should be forgiven for entire episode   and also not bale to undo the incident neither he able to return their/complainant reputation and humiliated  socially and the pain that has been caused due to them/OPand has worsened their  mental stigma/pain nor compensate for what happened and also nothing has happen by doing the police complaint but out of that he can return a small amount as his compensation and he issued three cheque bearing no XXXX & XXXX in favor of complainant after the compromised deed executed which is annexed herewith this complaint as an ANNEXRUE-G.

14. That finding no alternative fruitful come out, the complainant through his Advocate Sh. XXXX & XXXX, sent a legal notice of deficiency of services, embezzlement of GST, forgery, inflicted enormous amount of mental agony, physical strain and stigma and complete severe damage of reputation of the complainant on XXXX to the opposite parties no.1to 8 through speed post, whereby opposite parties were being advised to make payment of Rs. XXXX/- to the complainant which included Rs. XXXX/- paid to opposite party no. 1 to 5, Rs. XXXXX/- against invoice & Rs. XXXX/- miscellaneous payment to the opposite party no. 6, Rs. XXXX/- to opposite party no.7 &8 rest amount as a cost of deficiency of service, severe damage reputation, mental physical strain, agony and stigma within the 7days from the receipt of notice. The office copy of the legal notice is annexed herewith the complaint as ANNEXURE-H.

15. That the despite of said legal notice dated XXXXX, served to the opposite party no. 1, 2, 3, 6, 7 &8and opposite party no. 4 &5 returned a undelivered with remark “addressee went out for last may days from the house and no idea when they come back” “ Prapat Karta kafi dino se ghar se bahar gaye hai, aane ka koi pata nhi chala atah preshak ko papis” and although the opposite parties have failed to make payment and also did not pay any heed to reply of the legal notice which shows that how much the opposite parties are care about the customers and respect the law and hence complainant have no alternative to take shelter of this Hon’ble commission. Here isreturned legal notices along with the report are annexed as an ANNEXURE-I.

16. That despite of said legal notice dated XXXXX, the respondent did not pay any heed to the just and genuine request on the part of complainant and is evading and prolonging the matter on one pretext to another  and also failed to make the payment/approved request amount and also extent was reached when the opposite party didn’t feel the need to reply of the legal notice, that shows how opposite parties are careful about the contract to provide services & valued the reputation of the customers and also respect of the law. The true copy of receipt Indian post along with the internet copy of delivery report of Indian postal Service is annexed as ANNEXTURE-J.

17. That the cause of action first time arose in favor of complainant and against the opposite parties on XXXXX when the complainant made XX% of total agreed amount to the opposite party and further arose when opposite party no.5 came at the shop of complainant at XXXX, Delhi to collect signed agreement with cash and further arose in favor of complainant and against the opposite parties on XXXX when opposite party sent mail which describe services to be provided by the opposite party and further arose on XXXXX when the said resort confirmed that there no booking in the name of complaint and further arose on XXXXX when opposite party no. 6 sent booking confirmation mail  to the complainant and further arose on X^th& X^th December,20XX when opposite party threatening complainant for additional payment  and further cause of action arose in favor of complainant and against the respondent when neither opposite party attended complainant except opposite party no.5  nor provided any agreed services on XXXXX and did not allowed to enter in the booked resort and further arose when charged unfair amount for the substandard services and further arose when charged GST @ 18% from the complainant and not issue tax invoice for same and further arose when complaint sent legal notice to the opposite  party but they did not pay any heed towards the legal notice and neither  pay penny till date to the complaint nor replayed to the  legal notice and still continue.

18. That there has not been un-necessary delay in filling the complaint.

19. That the complaint signed the agreement at his shop XXXXX, Delhi and same is collected from there by the opposite party no.5, the business associates/partner of op no. 1,2 &3 and also the complainant is permanent resident and carries its business to earned profit at north-east, Delhi and also complainant made most of the payment to the opposite party from his house. Hence the Hon’ble Commission has the jurisdiction to entertain and decide the present complaint.

20. The requisite court fee has been affixed.

PRAYER

It is therefore respectfully prayed to this Hon’ble Commission may graciously be pleased:-

a.      To direct the opposite party no. 1 to 5, to refund the amount of Rs. XXXX to the complaint in the interest of justice.

b.     To direct the opposite party no. 6 to 8 to refund of Rs. XXXX/- to the complaint in the interest of justice.

c.      To direct the opposite parties to pay damage cost of severe damage of reputation, inflicted enormous amount of mental agony, physical stain & stigma and deficiency of services of Rs. XXXX/- in the interest of justice.

d.     To direct the opposite parties to pay cost of the litigation/complaint to the complainant of Rs. XXXXX/-.

e.      Any other order as the Hon’ble Commission may deem fit and proper in the facts and circumstance in favor of the complainant and against the opposite parties, in the interest of the justice.

It is prayed accordingly.

VERIFICATION

Verified at Delhi on              that the contained of para no 1 to      is true to my knowledge and para no.     to   is stated on legal paras as advised and believe the same to be true and correct therefrom.

Date:- XXXXXX                                                                Complainant

Place: Delhi                                Through

                                                                                                                                                                                                        XXXXXXXX

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-IV (N/E), D.C. OFFICE COMPLEX NAND NAGARI, DELHI

COMPLAINT NO.   OF 20XX

IN THE MATTER OF -;

SH. XXXX                                                                         …COMPLAINANT

VERSUS

M/S. XXXX & ANR.                                                  …OPPOSITE PARTIES

AFFIDAVIT

I, XXXX S/o Sh. XXXX, residing at House No. XXXX, Gali No. XX near XXXX, XXXX Delhi-1100XX, do hereby solemnly affirm and declare as under:-

1.     That I am the complainant in the abovementioned case. Thoroughly conversant with the facts and circumstances of the present case and am competent to swear this affidavit.

2.     That the fact stated in the complaint petition from paragraph 1 to 15 in the abovementioned case, being filed before the Hon’ble Commission , are true to the best of my knowledge and based on the record maintained by me which I believe to be true.

                                                                                             DEPONENT

VERIFICATION:-

Verified at Delhi, on this                    day of September, 20XX that the contents of the above affidavit are true and correct to best of my knowledge and belief and no part of it is false and nothing material has been concealed therein.

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-IV (N/E), D.C. OFFICE COMPLEX NAND NAGARI, DELHI

COMPLAINT NO.        OF 20XX

IN THE MATTTER OF -:

    XXXX                                                                          COMPLAINANT

                                              VERSUS

    XXXX & ANR.                                                      …OPPOSITE PARTIES

                                       LIST OF WITNESSES

1.     Complainant (XXXXXXXX) himself.

2.     Elder brother of complainant Sh. XXXXXXX

3.     Complainant’s friend Sh. XXXXXXX

4.     Any other witness with permission of the Hon’ble Commission.

Date: XXXXXX
                                                                                     Complainant

Place: Delhi                               Through

                                                                                                                                                                                                       Advocate

              XXXXXXXX

                                                                          MOB: XXXXX      

                                                                           EMAIL : XXX

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-IV (N/E), D.C. OFFICE COMPLEX NAND NAGARI, DELHI

COMPLAINT NO.  ______ OF 20XX

IN THE MATTER OF -:

SH. XXXX                                                                         …COMPLAINANT

VERSUS

 M/S. XXXX & ANR.                                                    …OPPOSITE PARTIES

LIST OF THE DOCUMENTS FILED BY THE COMPLAINANT

CHECK LIST

IN THE MATTER OF -:

       SH. XXXXX                                                              COMPLAINANT

                                                  VERSUS 

   M/S. XXXXX & ANR.                                                …OPPOSITE PARTIES