Consumer complaint under section 35(1) of the Consumer Protection Act 2019 for deficiency in destination wedding services
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BEFORE THE HON'BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, DELHI
COMPLAINT NO.OF Complaint year
IN RE:
SH. Complainant's name…COMPLAINANT
VERSUS
M/S. Opposite party no.1's name & ANR.…OPPOSITE PARTIES
MEMO OF PARTIES
1.SH. Complainant's name …COMPLAINANT
S/O SH. Complainant's father's name,
R/O Complainant's address,
DELHI-1100XX.
VERSUS
1.M/S. Opposite party no.1's name …OPPOSITE PARTY NO.1
Opposite party no.1's address,
Opposite party no.1's pincode-Pincode suffix digits
E-mail:
Mobile No.: +Opposite party no.1's mobile number & +Opposite party no.1's mobile number.
2.SH. Opposite party no.2's name …OPPOSITE PARTY NO.2
Partner of M/S. Opposite party no.1's firm name,
Opposite party no.2's address,
-Pincode suffix digits
E-mail:
Mobile No.: +Opposite party no.2's mobile number
3.SH. Opposite party no.3's name …OPPOSITE PARTY NO.3
Partner of M/S. Opposite party no.1's firm name,
Opposite party no.3's address, Opposite party no.3's pincode-Pincode suffix digits
Mobile No.: +Opposite party no.3's mobile number
E-mail:
4.M/S. Opposite party no.4's firm name …OPPOSITE PARTY NO.4
At: Opposite party no.4's address, Opposite party no.4's pincode-Opposite party no.4's pincode
GSTIN No.: Opposite party no.4's GSTIN
5.SH. Opposite party no.5's name …OPPOSITE PARTY NO.5
Proprietor of M/S. Opposite party no.4's firm name,
S/O SH. Opposite party no.5's father's name,
At: Opposite party no.5's address, Opposite party no.5's pincode-Pincode suffix digits
Aadhaar No.: Opposite party no.5's Aadhaar number
Mobile No.: +Opposite party no.5's mobile number & +Opposite party no.5's mobile number
6.M/S. Opposite party no.6's name …OPPOSITE PARTY NO.6
& Opposite party no.6's name
(A Unit of Opposite party no.6's parent company name Pvt. Ltd.)
Village: Opposite party no.6's address, Opposite party no.6's pincode-Pincode suffix digits
Mobile No.: +Opposite party no.6's mobile number & +Opposite party no.6's mobile number
E-mail:
7.M/S. Opposite party no.7's firm name …OPPOSITE PARTY NO.7
House No. Opposite party no.7's house number, Opposite party no.7's pincode-Pincode suffix digits
Mobile No.: +Opposite party no.7's mobile number
E-mail:
8.SH. Opposite party no.8's name …OPPOSITE PARTY NO.8
Proprietor of M/S. Opposite party no.7's firm name,
House No. Opposite party no.8's house number, Opposite party no.8's pincode-Pincode suffix digits
Mobile No.: +Opposite party no.8's mobile number
E-mail:
DATE: Date of complaintCOMPLAINANT
PLACE: DELHITHROUGH COUNSEL
Advocate's name,
H-Advocate's office house number, DELHI-Advocate's office pincode
M: Advocate's mobile number
E-mail: adv.Advocate's email
BEFORE THE HON'BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-IV (N/E), D.C. OFFICE COMPLEX, NAND NAGRI, DELHI
COMPLAINT NO.OF Complaint year
IN RE:
SH. Complainant's name…COMPLAINANT
VERSUS
M/S. Opposite party no.1's name & ANR.…OPPOSITE PARTIES
COMPLAINT UNDER SECTION 35(1) OF THE CONSUMER PROTECTION ACT, 2019
MOST RESPECTFULLY SHOWETH:-
INTRODUCTION OF THE COMPLAINANT
1.That the complainant herein is a permanent resident of the address stated above, residing there with his family for a long time, and is a respectable citizen having great regard and respect for the laws of the country.
INTRODUCTION OF OPPOSITE PARTIES NOS. 1, 2 AND 3
2.That opposite party no.1 is M/S. Opposite party no.1's firm name, a partnership firm/organisation having its registered office at Opposite party no.1's registered office address, Sector-Opposite party no.1's address sector, next to Sector-Opposite party no.1's address landmark sector, Opposite party no.1's pincode-Pincode suffix digits, and carries on the business of wedding planning, wedding and event organisation, Bhajan Sandhya organisation and corporate event organisation. Opposite parties nos. 2 and 3 are the partners of opposite party no.1 through the said partnership firm/organisation/business.
INTRODUCTION OF OPPOSITE PARTIES NOS. 4, 5, 6, 7 AND 8
3.That opposite party no.4 is a proprietorship firm/business/organisation under the name and style of Opposite party no.4's firm name, having its registered office at Opposite party no.4's registered office address, and deals in tour operator services, other travel arrangements and related services, contract-based construction services and real estate appraisal services on commission basis, and holds PAN Opposite party no.4's PAN number. Opposite party no.5 is the proprietor of opposite party no.4. Opposite party no.6 is the resort operating under the name and style of M/s. Opposite party no.6's name & Opposite party no.6's name, a unit of Opposite party no.6's parent company name. Opposite party no.7 is a proprietorship firm under the name and style of M/s. Opposite party no.7's firm name, having its registered office at House No. Opposite party no.7's house number, and deals in event management services. Opposite party no.8, Sh. Opposite party no.8's name, is the proprietor of opposite party no.7.
COMPLAINT
4.That the complainant is a consumer within the meaning of the Consumer Protection Act, and is constrained to approach this Hon'ble Forum against the gross acts of the opposite parties, whereby they have committed serious deficiency in services.
5.That in the month of August, Year, the complainant, along with his elder brother Shri Complainant's elder brother's name, was planning his own destination wedding and intended to avail the services of a wedding planner. In this regard, the complainant made a search on the internet website "Website name", and on the very next day, opposite parties nos. 2 and 3, through opposite party no.1, approached the complainant with an offer to provide end-to-end solutions for the wedding event, with reasonable and hassle-free doorstep services, including the arrangement of a destination wedding. After discussing the event, the arrangements for the destination wedding, the services, service charges and mode of payment, etc., the complainant agreed to avail, and opposite parties nos. 1, 2 and 3 agreed to provide, the said services. Opposite parties offered a destination wedding at "Destination wedding venue name", Venue address, and the offer was accepted by the complainant against total service charges/consideration of Rs. Total agreed service charges (₹)/- inclusive/exclusive of GST/service charges. Thereafter, the complainant met opposite parties nos. 2 and 3, along with his friend, at Place of meeting with opposite parties, where opposite parties nos. 2 and 3 were already present, and they introduced their business partner, Opposite party no.5's name (opposite party no.5), the proprietor of opposite party no.4, having GST No. Opposite party no.4's GST number, who was responsible for the Region of opposite party no.4's services region. Opposite parties nos. 2 and 3 assured the complainant that opposite party no.5 would arrange everything required for the destination wedding and that the complainant would not need to bother about anything, and further assured that opposite parties nos. 1, 2, 3, 4 and 5, jointly and/or severally, would arrange all required things, arrangements and formalities, so that the wedding function would not cause the complainant any bother or trouble of any kind. Upon these assurances and the destination wedding arrangement proposal given by the opposite parties, the complainant agreed to book their services for his destination wedding at the agreed amount of Rs. Total agreed amount (₹)/-, which included all events, services, food, boarding and lodging, the band, the photographer, all artists such as Mehndi, make-up and Ghori artists, and decoration, i.e., from arrival up to departure on the next day after completion of the marriage ceremonies. The GST number of opposite party no.4 is annexed hereto as ANNEXURE-A.
6.That the complainant was required to pay 10% of the total agreed amount, i.e., Rs. Ten percent booking amount (₹)/-, at the time of booking/confirmation. Accordingly, the complainant paid Rs. Amount paid through Paytm (₹)/- to opposite parties nos. 1, 2 and 3 through Paytm on Date of Paytm payment, and a further sum of Rs. Second booking payment amount (₹)/- on Date of second payment. The complainant selected the resort "Selected resort name", Resort location village, Resort village/address, Resort pincode, and thereafter opposite parties nos. 2, 3 and 5 confirmed the booking of the said resort for the complainant. A copy of the payment receipt is annexed hereto as ANNEXURE-B.
7.That on Date of opposite party no.3's call, opposite party no.3 telephonically informed the complainant that the opposite parties required the next instalment of payment, i.e. Percentage of next payment% of the total agreement amount, as the opposite parties were yet to book further vendors such as photographers, band, mehendi artists, make-up artists, DJ, rooms, jai-mala, etc., at the said resort. For this purpose, a meeting with opposite party no.3 was fixed at Burger King, Connaught Place, New Delhi. Opposite party no.3 requested that, since the complainant's money was thereafter to be spent in cash for booking multiple vendors, the said amount be paid to him either in cash or by cheque drawn in his favour. In those circumstances, the complainant issued a cheque at the said meeting in favour of opposite party no.3 for ₹ Cheque amount (₹)/- dated Date of cheque, drawn on Bank of Baroda. Thereafter, on Date of enquiry call, the complainant telephoned the said Opposite party's phone number called to enquire about the confirmation/status of his wedding booking, and upon hearing the reply, the ground slipped from beneath the complainant's feet, as no such booking existed at the said resort at Resort location. A photocopy of the cheque is annexed hereto as ANNEXURE-C.
8.That thereafter, on Date of visit to the resort, the complainant, along with his elder brother Sh. Complainant's elder brother's name and a friend namely Shri Complainant's friend's name, went to Resort address to ascertain the status of the said resort booking. The business partner/planner/associate, opposite party no.5, who was already present there, made one pretext after another regarding the booking of the said resort and insisted upon booking another resort. Ultimately, another resort, namely "Second resort name", Second resort location, a unit of Opposite party no.6's parent company name Pvt. Ltd./opposite party no.6, was booked on payment of a booking amount of ₹ Second resort booking amount (₹)/-, which was subsequently confirmed through e-mail by opposite party no.6 itself on Date of booking confirmation email for check-in on Check-in date at second resort and check-out on Check-out date at second resort. Thereafter, some days later, opposite party no.2 pressured and intimidated the complainant in various ways to pay further amounts for booking other multiple services such as meals (breakfast, lunch, hi-tea, dinner, etc.). The complainant accordingly transferred ₹ Amount transferred through PhonePe (₹)/- on Date of transfer and ₹ Amount transferred through PhonePe (₹)/- on Date of transfer through "PhonePe, UPI", under reference nos. First UPI reference number and Second UPI reference number respectively. In this manner, the complainant paid a total of ₹ Total paid to opposite party no.2 (₹)/- to opposite party no.2, ₹ Total paid to opposite party no.3 (₹)/- to opposite party no.3 and ₹ Total paid to opposite party no.5 (₹)/- to opposite party no.5. Thus, the total sum paid to the opposite parties was ₹ Total paid to opposite parties 1-5 (₹)/- out of ₹ Total agreement amount (₹) as per the agreement dated Date of agreement. It is pertinent to mention that the said agreement was sent by opposite parties nos. 1, 2 and 3 through e-mail, and the signed copy of the agreement was collected personally by opposite party no.5 from the complainant's shop situated at Complainant's shop street Main Road, Complainant's shop locality, Delhi-Complainant's shop pincode, for the entire wedding event, as per the agreement list of services and the e-mail list of services dated Date of services email. As per the agreement, the opposite parties were required to provide the following services to the complainant:
•a) Decoration for all events;
•b) Photography for two days;
•c) Mehendi artist, make-up artist, D.J.;
•d) Food arrangements for 125 pax;
•e) Stay for all 125 pax (58 rooms).
And, as per the e-mail of the opposite parties, the services included were as follows:
•a) 40 rooms for all in-house guests (16 baniyan cottages, 8 double-bed rooms, 1 suite, and the rest basic rooms);
•b) Decoration for all functions;
•c) Extra space for the 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 at all times;
•j) Mare (ghodi) and band (16 pc);
•k) Make-up artist for the bride, mehendi artist;
•l) Packed food after vidaayi (100 pax), and venue and menu schedule as per the e-mail list.
It is pertinent to mention that all payments were inclusive of GST at 18%. However, neither opposite parties nos. 1, 2 and 3, nor the business partners/opposite parties nos. 4 and 5, provided any of the agreed wedding services, although opposite party no.5 was present there in person, and opposite parties nos. 2 and 3 did not even respond over telephone. In fact, all the opposite parties together wove such a web around the complainant, at that critical point in his life, that he either stood to lose his social prestige/reputation among his relatives and society, or was left with no worthwhile means of taking action against the opposite parties. A copy of the booking confirmation e-mail in respect of "Second resort name" and the other payment receipts are annexed hereto as ANNEXURE-D.
9.That in these circumstances, when opposite party no.6 declined to do anything and opposite parties nos. 1, 2 and 3 did not respond, the complainant, after about three hours of effort and with the help of his family members and relatives, booked the same resort afresh for the wedding rituals and the other above-mentioned services. Taking advantage of the circumstances, however, opposite parties nos. 6, 7 and 8 provided defective, poor, inferior and reduced services, and also provided food, room service, etc., at a very high cost, being almost double the usual price, for which the complainant paid ₹ Additional amount paid to resort (₹)/- in addition to the ₹ Total paid to opposite parties 1-5 (₹)/- already paid to opposite parties nos. 1 to 5. It is important to mention that the complainant incurred ₹ Total incurred on wedding (₹)/- in place of ₹ Total agreement amount (₹) as per the agreement with opposite parties nos. 1 to 5. Opposite parties nos. 6 and 7, the service providers, charged GST but did not issue a GST tax invoice; instead, despite repeated requests, they issued only a statement of payment on their letterhead. A summary of the payments made to the opposite parties in respect of the said wedding event is as follows:
| Opposite party's name and firm name |
| S.NO | DATE | PARTICULARS | AMOUNT |
| A | Date of booking payment | Booking amount | Booking amount (₹)/- |
| B | Date of booking payment | Booking amount | Booking amount (₹)/- |
| 01. | Date of payment | Payment mode / PHONEPE | Payment amount (₹)/- |
| 02. | Date of payment | Payment mode / CASH | Payment amount (₹)/- |
| 03. | Date of payment | Payment mode / PHONEPE | Payment amount (₹)/- |
| 04. | Date of payment | Payment mode / PAYTM | Payment amount (₹)/- |
| TOTAL | Total paid to opposite party no.1 (₹)/- |
| Opposite party's name and firm name |
| 05. | Date of payment | Payment mode / PAYTM | Payment amount (₹)/- |
| 06. | Date of payment | Payment mode / PAYTM | Payment amount (₹)/- |
| TOTAL | Total paid to opposite party no.2 (₹)/- |
| Opposite party's name and firm name |
| 07. | Date of payment | Payment mode / PHONEPE | Payment amount (₹)/- |
| 08. | Date of payment | Payment mode / PAYTM | Payment amount (₹)/- |
| 09. | Date of payment | Payment mode / CHEQUE | Payment amount (₹)/- |
| TOTAL | Total paid to opposite party no.3 (₹)/- |
| Opposite party's firm name |
| 10. | Date of invoice payment | Invoice description / as per Invoice | Amount paid to opposite party no.4 (₹)/- |
| Opposite party no.6's resort name |
| 11. | Date of payment to resort | Payment description / MULTIPLE MODE | Amount paid to resort (₹)/- |
| 12. | UNBILLED | MISCELLANEOUS | Unbilled miscellaneous amount (₹)/- |
| TOTAL | Total paid to resort (₹)/- |
| GRAND TOTAL | Grand total paid (₹)/- |
10.That shortly before the wedding, opposite parties no. 2 and 3, in deliberate connivance with opposite parties no. 5 and 6, and with the intention of extorting additional money from the complainant, raised various unjustified demands for further payment in respect of services for which the complainant had already paid the opposite parties and which had been duly confirmed by them. Two days before the wedding ceremony, i.e. on Date of demand for band payment, opposite party no. 2 telephonically and aggressively insisted that the complainant pay an additional sum of ₹Additional band amount demanded (₹)/- for a Band, even though the band service was expressly included in the agreed services and had been confirmed by the opposite parties through e-mail. The complainant, being a resident of Delhi, whereas the wedding procession was to take place at Wedding procession location, had no occasion to arrange a band at that location. Thereafter, on Date of opposite party no.5's call, just one day before the wedding, the complainant received another telephone call from opposite party no. 5, who threatened and persuaded the complainant in the same manner as opposite party no. 2, seeking additional payment for the band. He further sought to convince the complainant that when the complainant received a call from Sh. Opposite party no.6's MD's name, the Managing Director of opposite party no. 6, the complainant was to state that he still had to pay ₹Outstanding amount complainant was told to state to the MD (₹ lakhs) lakhs to opposite party no. 6 out of ₹Total cost as per opposite parties (₹ lakhs) lakhs, because the total cost of the function/event was estimated at around ₹Estimated total event cost (₹ lakhs) lakhs, whereas, according to opposite party no. 5, the opposite parties were providing the entire arrangement for only ₹Package cost quoted by opposite parties (₹ lakhs) lakhs — an amount allegedly too meagre to organise an event at so famous and renowned a resort, and one which, he claimed, had spoiled the image of "Resort name". The complainant was thus told never to disclose to anyone the actual amount spent on the wedding programme. It is pertinent to mention here that the opposite parties, with a coercive motive, fabricated spurious grounds to extort additional money from the complainant. In this regard, opposite party no. 5 induced the complainant to state that he still had to pay ₹Amount complainant told to state as unpaid (₹ lakh) lakh to Opposite party no.6's name, for the sake of opposite party no. 5's own safety with Opposite party no.6's MD's name, the Managing Director of opposite party no. 6, whereupon opposite party no. 5 would pay ₹Amount opposite party no.5 to pay opposite party no.6 (₹ lakhs) lakhs to opposite party no. 6 out of that amount, ₹Amount to come from complainant (₹ lakhs) lakhs would come from the complainant, and the remaining ₹Balance amount (₹ lakh) lakh would be arranged by opposite party no. 5 himself. Thereafter, the complainant duly received a call at the scheduled time from Opposite party no.6's MD's name, as per the schedule given by opposite party no. 5, and the complainant told Opposite party no.6's MD's name exactly what Opposite party no.5's name/opposite party no. 5 had instructed him to say.
11.That on the day of the wedding, when the complainant, along with his relatives, friends and guests, reached Resort location, Corbett, on Date of wedding at around Time of arrival at resort AM, the staff of the resort did not permit them to enter, stating that the complainant had no booking. The complainant and his relatives were thus denied entry into the said resort, even though the complainant showed them the booking confirmation e-mail sent by opposite party no. 6 itself, in the presence of opposite party no. 5. Yet the staff of Resort name refused to entertain any request of the complainant. This most auspicious occasion of marriage became a stigma for the complainant, who was grossly insulted in front of his relatives, friends, guests and invitees, as the complainant had to spend 2–3 hours on the road while everyone present was cursing them, feeling that the complainant had fallen into the hands of the wrong people. The complainant then learnt that opposite party no. 6 had deposited only ₹Amount actually deposited for booking (₹)/- to book the resort. It is necessary to mention here that the said resort had sent a booking confirmation by e-mail on Date of booking confirmation email for a booking amount of ₹Booking amount (₹)/-. In these circumstances, the complainant attempted repeatedly to contact opposite parties no. 1, 2 and 3, but all efforts proved futile, as everything was being done pursuant to a well thought out trick; opposite parties no. 1, 2 and 3 did not respond, and ultimately opposite party no. 5 surrendered, being unable to do anything. The complainant thus realised that he had been subjected to a grave deception and insult in society, in front of all members of his own family, relatives, guests and friends, as well as all the relatives, guests and friends of the bride's side. A copy of the marriage card is annexed hereto as ANNEXURE-E.
12.That in the extreme circumstances aforesaid, the complainant had no alternative but to make payments, which were wholly unjustified, to any extent required, by arranging credit from his relatives, in order to complete the rituals of the marriage programme through poor-quality services, catering and other arrangements. The complainant accordingly made the abovementioned additional payment of ₹Additional payment to opposite parties 6-8 (₹)/- to opposite parties no. 6, 7 and 8. It is pertinent to mention here that opposite party no. 6 issued a receipt for ₹Receipt amount issued (₹)/- on its letterhead, while also charging ₹GST amount charged (₹)/- towards GST @X% on ₹X lakh; however, despite repeated requests, it did not issue a tax invoice for the same. Opposite parties no. 7 and 8 issued invoice no. 91 dated Date of invoice without GST, despite holding GST No. Opposite party no.7's GST number. Copies of the GST particulars and invoices issued by opposite parties no. 6 and 7 are annexed hereto as ANNEXURE-F.
13.That the complainant was deeply hurt by all the abovementioned incidents. While he, his family and relatives were preparing to lodge a police complaint, opposite party no. 5, who was present there, stated that he accepted his mistake, that he should be forgiven for the entire episode, that he was neither able to undo the incident nor restore the reputation of the complainant and his family, which had been socially humiliated, nor compensate for the pain, mental agony and stigma caused by the opposite parties, and that a police complaint would achieve nothing. He offered, however, to return a small amount by way of compensation, and issued two cheques bearing nos. Cheque number and Cheque number in favour of the complainant after the compromise deed was executed, which is annexed hereto with this complaint as ANNEXURE-G.
14.That finding that no fruitful alternative had emerged, the complainant, through his Advocate Sh. Advocate's name & Advocate's name, sent a legal notice dated Date of legal notice to opposite parties no. 1 to 8 by speed post, regarding deficiency of services, embezzlement of GST, forgery, enormous mental agony, physical strain and stigma, and complete and severe damage to the reputation of the complainant, whereby the opposite parties were called upon to pay ₹Total demand in legal notice (₹)/- to the complainant, comprising ₹Amount paid to opposite parties 1-5 (₹)/- paid to opposite parties no. 1 to 5, ₹Invoice amount (₹)/- against the invoice and ₹Miscellaneous payment to opposite party no.6 (₹)/- as miscellaneous payment to opposite party no. 6, ₹Amount paid to opposite parties 7-8 (₹)/- to opposite parties no. 7 and 8, and the remainder towards the cost of deficiency of service, severe damage to reputation, mental and physical strain, agony and stigma, within 7 days of receipt of the notice. The office copy of the legal notice is annexed hereto with this complaint as ANNEXURE-H.
15.That despite the said legal notice dated Date of legal notice, which was served upon opposite parties no. 1, 2, 3, 6, 7 and 8, opposite parties no. 4 and 5 were returned undelivered with the remark "addressee went out for last many 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 wapis". The opposite parties have failed to make the payment and have paid no heed to the legal notice, which demonstrates how little the opposite parties care for their customers or respect the law. The complainant therefore has no alternative but to seek the shelter of this Hon'ble Commission. The returned legal notices, along with the reports, are annexed hereto as ANNEXURE-I.
16.That despite service of the said legal notice dated Date of legal notice, the opposite parties paid no heed to the just and genuine request of the complainant and have been evading and prolonging the matter on one pretext or another, and have failed to make the payment of the approved claim amount. The situation reached such an extent that the opposite parties did not consider it necessary even to reply to the legal notice, which demonstrates how little regard the opposite parties have for the contract to provide services, for the reputation of their customers, and for the law itself. The true copy of the Indian Post receipt, along with the internet copy of the delivery report of the Indian Postal Service, is annexed hereto as ANNEXURE-J.
17.That the cause of action first arose in favour of the complainant and against the opposite parties on Date of part payment, when the complainant paid Percentage of total agreed amount paid% of the total agreed amount to the opposite parties; it further arose when opposite party no. 5 came to the complainant's shop at Complainant's shop locality, Delhi, to collect the signed agreement along with cash; it further arose in favour of the complainant and against the opposite parties on Date services email was sent, when the opposite parties sent an email describing the services to be provided by them; it further arose on Date resort confirmed no booking, when the said resort confirmed that there was no booking in the name of the complainant; it further arose on Date of booking confirmation email, when opposite party no. 6 sent a booking confirmation email to the complainant; it further arose on the agreed date of services, Date agreed services were to be provided, when neither did any opposite party attend to the complainant (except opposite party no. 5) nor were the agreed services provided, and the complainant was not allowed to enter the booked resort; it further arose when an unfair amount was charged for substandard services; it further arose when GST @ 18% was charged from the complainant without issuing a tax invoice for the same; and it further arose when the complainant sent a legal notice to the opposite parties, but they paid no heed to it and have neither paid a single penny to the complainant to date nor replied to the legal notice, and the cause of action is still continuing.
18.That there has been no unnecessary delay in filing the present complaint.
19.That the complainant signed the agreement at his shop at Complainant's shop location, Delhi, and the same was collected from there by opposite party no. 5, the business associate/partner of opposite party nos. 1, 2 and 3. The complainant is a permanent resident of and carries on his business to earn profit at North-East, Delhi, and the complainant also made most of the payments to the opposite parties from his house. Hence, the Hon'ble Commission has the jurisdiction to entertain and decide the present complaint.
20.That the requisite court fee has been affixed.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Commission may graciously be pleased to:-
a.Direct opposite party nos. 1 to 5 to refund the amount of Rs. Refund amount from opposite parties 1-5 (₹ lakh) lakh to the complainant, in the interest of justice.
b.Direct opposite party nos. 6 to 8 to refund the amount of Rs. Refund amount from opposite parties 6-8 (₹)/- to the complainant, in the interest of justice.
c.Direct the opposite parties to pay damages of Rs. Compensation amount (₹)/- for the severe damage caused to the complainant's reputation, and for the enormous mental agony, physical strain, stigma and deficiency of services, in the interest of justice.
d.Direct the opposite parties to pay the cost of litigation/complaint of Rs. Litigation cost (₹)/- to the complainant.
e.Pass any other order which this Hon'ble Commission may deem fit and proper in the facts and circumstances of the case, in favour of the complainant and against the opposite parties, in the interest of justice.
It is prayed accordingly.
VERIFICATION
Verified at Delhi onthat the contents of paragraph nos. 1 to Last paragraph number of personal knowledge are true to my knowledge, and paragraph nos. First paragraph number of legal advice to Last paragraph number of legal advice are stated on the basis of legal advice, which I believe to be true and correct; nothing material has been concealed therein.
Date: DateComplainant
Place: DelhiThrough
Advocate
Advocate's name
M: Advocate's mobile number
BEFORE THE HON'BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-IV (N/E), D.C. OFFICE COMPLEX, NAND NAGRI, DELHI
COMPLAINT NO.OF Complaint year
IN RE:-
SH. Complainant's name…COMPLAINANT
VERSUS
M/S. Opposite party no.1's name & ANR.…OPPOSITE PARTIES
AFFIDAVIT
I, Complainant's name, S/o Sh. Complainant's father's name, residing at House No. D-Complainant's house number, Gali No. Complainant's gali number, near Complainant's address landmark, Complainant's locality, Delhi-1100XX, do hereby solemnly affirm and declare as under:-
1. That I am the complainant in the abovementioned case. I am thoroughly conversant with the facts and circumstances of the present case and am competent to swear this affidavit.
2. That the facts stated in the complaint petition, from paragraphs 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 thisday of September, Year that the contents of the above affidavit are true and correct to the best of my knowledge and belief; no part of it is false, and nothing material has been concealed therein.
DEPONENT
BEFORE THE HON'BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-IV (N/E), D.C. OFFICE COMPLEX, NAND NAGRI, DELHI
COMPLAINT NO.OF Complaint year
IN RE:-
SH. Complainant's name…COMPLAINANT
VERSUS
M/S. Opposite party no.1's name & ANR.…OPPOSITE PARTIES
LIST OF WITNESSES
1.The complainant, Sh. Complainant's name, himself.
2.The elder brother of the complainant, Sh. Complainant's elder brother's name.
3.The friend of the complainant, Sh. Complainant's friend's name.
4.Any other witness, with the permission of the Hon'ble Commission.
Date: Date
Complainant
Place: DelhiThrough
Advocate
Advocate's name
M: Advocate's mobile number
Email: Advocate's email
BEFORE THE HON'BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-IV (N/E), D.C. OFFICE COMPLEX, NAND NAGRI, DELHI
COMPLAINT NO.OF Complaint year
IN RE:-
SH. Complainant's name…COMPLAINANT
VERSUS
M/S. Opposite party no.1's name & ANR.…OPPOSITE PARTIES
LIST OF THE DOCUMENTS FILED BY THE COMPLAINANT
| S.NO. | PARTICULARS | PAGES |
|---|---|---|
| 01 |
| 02 |
| 03 |
| 04 |
| 05 |
| 06 |
| 07 |
CHECK LIST
IN RE:-
SH. Complainant's name…COMPLAINANT
VERSUS
M/S. Opposite party no.1's name & ANR.…OPPOSITE PARTIES
| 01 | Name & Address of the complainant | SH. Complainant's name, S/O SH. Complainant's father's name, R/O: HOUSE NO. Complainant's house number, GALI NO. Complainant's gali number, NEAR Complainant's address landmark, Complainant's locality, Complainant's pincode, DELHI-Delhi pincode suffix digits. |
| 02 | Name & Address of the opposite parties | 1. M/S. Opposite party no.1's firm name, XRD FLOOR, Opposite party no.1's address, NEXT TO SEC-Opposite party no.1's address sector, Opposite party no.1's address sector, Opposite party no.1's address city and pincode-Pincode suffix digits; 2. SH. Opposite party no.2's name, XRD FLOOR, Opposite party no.2's address, NEXT TO SEC-Opposite party no.2's address sector, Opposite party no.2's address sector, Opposite party no.2's pincode-Pincode suffix digits; 3. SH. Opposite party no.3's name, XRD FLOOR, Opposite party no.3's address, NEXT TO SEC-Opposite party no.3's address sector, Opposite party no.3's address sector, Opposite party no.3's pincode-Pincode suffix digits; 4. M/S. Opposite party no.4's firm name ASSOCIATES, Opposite party no.4's address, UK-Uttarakhand pincode suffix digits; 5. SH. Opposite party no.5's name, S/O SH. Opposite party no.5's father's name, R/O Opposite party no.5's address, Opposite party no.5's pincode-Pincode suffix digits; 6. M/S. Opposite party no.6's name, (Unit description), Opposite party no.6's address, Opposite party no.6's pincode-244XX; 7. M/S. Opposite party no.7's firm name, Opposite party no.7's address, U.K-Uttarakhand pincode suffix digits; 8. SH. Opposite party no.8's name, Opposite party no.8's address, M/S. Opposite party no.7's firm name, Opposite party no.7's address, Opposite party no.7's pincode-244XX. |
| 03 | Name of the police station | Police station name, Delhi |
| 04 | Total amount | Rs. Total amount (₹)/- |
| 05 | Details regarding any other case(s) pending against the same opposite parties | Yes, against opposite party nos. X & X, titled as "Complainant's name in prior case Vs. M/s Opposite firm's name in prior case Associates", NI Act. |
| 06 | Name of the court where such case(s) are pending | Ms. Presiding MM's name, Ld. MM (N/E), Court complex name, Delhi. |
| 07 | Complaint number | Prior complaint number/Prior complaint year |
| 08 | Any other information with date and other particulars | NDOH: Next date of hearing |