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Messenger Collective lawsuit to court: refund of concert tickets
23.07.2014 four victims contacted the company “Nakaz” regarding the cancellation of the Tori Amos concert (June 17 “Oktyabrsky”) and PARK LIVE KIEV (June 26-29 at Stereo Plaza) requesting legal proceedings over the failure to refund funds for concert tickets.
Accordingly, we began actively gathering information about the case and potential participating companies. On 24.07.2014 negotiations were held with ticket sellers (for example parter.ua) to clarify the contractual basis under which concert tickets were traded on behalf of the entity ‘hiding behind’ melnitsa.org.
As of 13.08.2014 a claim is currently being sent to LLC “Mєльніца концерт” TEXT OF THE CLAIM so far 9 letters have been sent.
This is the first step in pre-trial proceedings, and it is in our interest that the matter be resolved before court, because if the enterprise is declared bankrupt — which is an option our opponents may choose — apart from public outcry and a possible criminal case against the director we will receive nothing.
Still, our goal is not “revenge”, but a fair resolution of the issue, refund of funds, and the desire to leave a warning that will deter similar fraudulent schemes by event organizers in the future.
The first thing that raises concerns on the site http://melnitsa.org/ is the lack of identifying company information behind this site: legal address, EDRPOU, name and form of ownership. That is why we had to conduct an extensive search, which also gave food for thought.
Also, according to information on the “Melnitsa Concert” website, it is a subsidiary of the largest Russian concert agency “Melnitsa”.
The main reasons for dissatisfaction and complaints from callers were, according to them, that the organizer stopped answering the phones. For more than a month people who bought tickets waited for the promised refund date and felt cheated; having followed all procedures offered by the organizer for refunds, they found closed doors and no contact with the organizer.
LINK TO THE FORM FOR COLLECTING DATA FOR THE COLLECTIVE LAWSUIT
Anyone wishing to participate in the refund, please leave your details in this form.
For now, questions can be posted in the comments of our Facebook group
{as of 22.12.14 12:40 – 156 plaintiffs have already been collected for the lawsuit totaling 234,350, tickets to be refunded: 284 pcs.}
Our chosen sequence of actions:
1. Detailed investigation and study of the situation, contractual relations, and participants in the process.
2. Gathering participants of the collective lawsuit — the injured parties.
3. Pre-trial dispute resolution.
4. Preparation and filing of the lawsuit in court.
5. Writing official letters to authorities regulating activities in the cultural sphere.
6. Working within the framework of the judicial process.
STEP-BY-STEP INSTRUCTIONS
Unfortunately, Ukrainian legislation does not contain the notion of a “collective lawsuit”. Of course, it is possible to file a joint claim by several citizens, provided their situations are similar. Moreover, to provide this service we need to execute a power of attorney from each plaintiff authorizing representation of their interests.
Due to the fact that after such a long period LLC “Melnitsa Concert” did not fulfill its obligations voluntarily and does not wish to resolve this issue out of court, there are two options for your further actions:
1) File a lawsuit in court on your own.
To file a claim in court on your own:
– at the following link you can review a sample statement of claim sample statement of claim against LLC “Melnitsa Concert”
In this sample claim replace the text highlighted in red with your own data, sign the claim and put the date of filing;
– print the claim together with attachments in three copies: one for the court, the second — also submitted together with the first copy for the defendant, the third — for you; have it stamped by the court registry as received. The third copy is not mandatory, but if you want to have proof of filing, you should do this; Also immediately ask for the phone number of the registry office, you may need it;
– take all claims to the court at the address of your registration (place of residence), ask where the registry is (don’t forget to have your copy stamped as accepted). If you do not know where the court in your area is located, contact us with a comment (indicating your registered address) on our company website or social network or clarify this information with our company staff by phone;
– wait for the “ruling” appointing the date of the court hearing to arrive by mail (within 3 days after filing the claim; if you do not receive the ruling — call the court registry);
– appear in court on the specified date (be sure to bring your original passport).
**Please note! The court fee for filing a consumer protection lawsuit is not payable.
we also recommend that you send a complaint letter to the “Inspection for Consumer Rights Protection” sample complaint to the “Inspection for Consumer Rights Protection” against LLC “Melnitsa Concert”
2) You can contact specialists from our company to represent your interests in court.
The cost of drafting the lawsuit and all subsequent necessary procedural documents is individually: 600 UAH.
The cost of an attorney attending a court hearing to defend your rights in court — 400 UAH.
In this case, it is necessary to issue a power of attorney to a specialist from our company.
At the moment we are conducting a detailed study of the situation; all information posted on this page in no way accuses any of the companies listed of committing any offense or other illegal actions. All information is provided exclusively for informational purposes as it is public.
The site melnitsa.org belongs to Isidorov Mykola and CA Melnitsa International
Whois: melnitsa.org
Domain Name:MELNITSA.ORG
Creation Date: 2010-10-20T19:01:11Z
Registrant Name:Isidorov Mykola
Registrant Organization:CA Melnitsa International
Registrant Street: Stecenko 6 of 201
Registrant City:Kiev
Registrant Postal Code:03143
Registrant Country:UA
Registrant Phone:+380.443601616
Registrant Email:5360784@gmail.com
public information from the site http://dns.com.ua
1.1. Tori Amos’s post on her Facebook page about the concert cancellation.
1.2. SKILLET’s post on their Facebook page about the concert cancellation.
1.3. Wild Beasts’ post on their Facebook page about the concert cancellation.
2. Article 10. Consumer rights in case of breach of the contract for work performance (provision of services)
4. Information from the organizer’s website
We also sincerely hope that our involvement in this matter will help avoid court delays and help resolve the issue between the organizers and the people who bought tickets.
screenshots of the pages will be posted additionally
http://melnitsa.org/news/2014-07-23/tickets/
News 2014-07-23
Information about ticket refunds (NEW)
Friends, with great regret the situation in our country remains tense, military actions continue and people are dying. Our team made maximum efforts to bring artists to Ukraine, but the situation in the country does not work in our favor. All company funds were directed to paying artists’ fees, whose concerts are now postponed or canceled. The only possibility to carry out refunds is to plan new events, which under the current circumstances is impossible.
Melnitsa values every viewer and its reputation. Therefore, until now we refunded money for purchased tickets from personal savings, hoping for an improvement in the situation, but this unfortunately did not happen.
Considering that military actions on the territory of the country are equated to force majeure circumstances, we are forced to postpone refunds for tickets to canceled shows to a later period.
Sincerely hoping for your understanding and participation, we continue to work with agents of world stars. As new events are confirmed and funds from their realization are received, our company will resume payments for canceled shows.
In addition, all tickets will be valid for future shows, at a ratio of one to two.
http://melnitsa.org/news/2014-06-13/cancellation/
News 2014-06-13
Concert cancellations
Dear friends, with a heavy heart we must announce the cancellation of the planned shows: Tori Amos (June 17 “Oktyabrsky”), Die Antwoord, Deftones, Skillet, Enter Shikari, Wolfmother (June 26-29 at Stereo Plaza) and Wild Beasts (June 28 at Sentrum).
The events in Ukraine do not favor organizing concerts, which is not entirely appropriate at this stage. We believe the situation in the country will be resolved peacefully and we will be able to organize mass events with a clear conscience. The concert agency “Melnitsa” remains faithful to clients and fans of quality music and we appreciate your understanding in this difficult time. With faith in the future we continue negotiations about the possibility of artists coming to Ukraine from this fall.
Also, we want to inform you that all purchased tickets for canceled concerts are valid for events organized by CA “Melnitsa”, as well as for events that will be announced in the future. The full list can be found on melnitsa.org
Information about ticket refunds:
1. The period during which tickets can be returned: from July 10, 2014
2. Ticket refunds are carried out strictly by appointment using the form on the site http://melnitsa.org/tback/ (the form will be available from 10.07.14) or by phone +38 063 718 21 15 on weekdays from 11:00 to 15:00 also from 10.07.14
3. For preliminary telephone booking you must specify: surname, number of tickets, amount and name of the concert.
4. After submitting an application on the site you will receive an email notification about the time and date of the refund or you will be contacted by phone.
5. Buyers who come without agreeing a time will be refused a refund.
Also, we inform you that according to Ukrainian legislation, ticket refunds are possible upon personal presentation of the buyer’s passport and the concert tickets.
For additional questions:
+38 063 718 21 15
melnitsa.info@gmail.com
http://melnitsa.org/news/2014-06-10/vozvratbiletovmelnitsa/
News 2014-06-10
Information about ticket refunds
1. Ticket refunds are carried out strictly by appointment using the form on the site http://melnitsa.org/tback/ or by phone +38 063 718 21 15 on weekdays from 11:00 to 15:00
2. For preliminary telephone booking you must specify: surname, number of tickets, amount and name of the concert.
3. After submitting an application on the site you will receive an email notification about the time and date of the refund or you will be contacted by phone.
4. Buyers who come without agreeing a time will be refused a refund. Also, we inform you that according to Ukrainian legislation, ticket refunds are possible upon personal presentation of the buyer’s passport and the concert tickets.
For all additional questions: +38 063 718 21 15
Melnitsa.info@gmail.com
5. Ticket sellers
One of the ticket sellers has already faced a problem and reacted entirely within the law; please note that indeed, in the case of proper contractual arrangements, the ticket seller acts as an agent or intermediary and is not responsible for the organizer’s actions, since by selling a ticket they effectively help you as an intermediary to enter into a contract (in the form of a ticket) with the organizing company. Parter.ua’s reaction
At the moment we have sent official requests to ticket sellers and distributors asking for information on this case.
6. Information on companies with similar names and activities
Below is the preliminary collected information on companies with similar names and activities.
So far we have collected information on two companies with names and activities similar to “Melnitsa”.
Detailed information about the legal entity. Public data was taken from irc.gov.ua and reyestr.court.gov.ua.
Also an interesting material about the Russian namesake company, a lawsuit to cancel concerts in 2010. http://vk.com/topic-20161063_23525867
We found data on 2 organizations with similar names and activities.
It is interesting that the owner ISIDOROV MYKOLA MYKOLAYOVYCH is mentioned here. Also notable is the number of court proceedings against these companies over the last 2 years. The amount of the charter fund of both enterprises is 1000. Isidorov Mykola and CA Melnitsa International are the owners of the domain melnitsa.org.
LLC “MELNITSA INTERNATIONAL”
Owner of LLC “MIDVEST”
Director: CHELAKH DMYTRO OLEKSANDROVYCH
| Full name of the legal entity and its abbreviation if available | LIMITED LIABILITY COMPANY “MELNITSA INTERNATIONAL” (LLC “MELNITSA INTERNATIONAL”) |
| Identification code of the legal entity | 37195990 |
| Organizational and legal form | LIMITED LIABILITY COMPANY |
| Location of the legal entity | 03065, Kyiv, PROSPEKT KOSMONAVTA KOMAROVA, building 42 |
| List of founders (participants) of the legal entity, including surname, name, patronymic, place of residence if the founder is an individual; the name, location and identification code of the legal entity if the founder is a legal entity | LIMITED LIABILITY COMPANY “MIDVEST” Founder EDRPOU code: 36520282 Founder address: 01011, Kyiv, Pecherskyi district, VUL. LESKOVA, building 3 Contribution to the statutory fund (): 1000.00 |
| Data on the amount of the authorized capital (statutory or accumulated capital) and on the date of completion of its formation | Amount (): 1000.00 Formation completion date: 19.07.2010 |
| Types of activity | KVED code 79.90 Provision of other reservation services and related activities; KVED code 90.01 Theatrical and concert activities (main); KVED code 90.02 Activities to support theatrical and concert events; KVED code 90.04 Operation of theaters and concert halls; KVED code 93.29 Organization of other types of recreation and entertainment |
| Surnames, names, patronymics, date of election (appointment) of persons who are elected (appointed) to the management body of the legal entity, authorized to represent the legal entity in legal relations with third parties, or persons who have the right to act on behalf of the legal entity without a power of attorney, including signing contracts and information about any restrictions regarding representation on behalf of the legal entity | CHELAKH DMYTRO OLEKSANDROVYCH – manager since 26.11.2013 |
| Date and number of the entry in the Unified State Register on the state registration of the legal entity — in case state registration of the legal entity was carried out after the entry into force of the Law of Ukraine “On state registration of legal entities and individual entrepreneurs” | Entry date: 19.07.2010 Entry number: 1 069 102 0000 026368 |
| Status of the information about the legal entity | information confirmed |
| Name of the constitutive document | Charter (two copies) |
| Location of the registration file | Department of state registration of legal entities and individuals — entrepreneurs of the Solomianskyi district registration service of the Main Department of Justice in Kyiv |
| Date and number of the record of registration and deregistration, the name and identification codes of the statistics bodies, Ministry of Revenues, Pension Fund of Ukraine where the legal entity is registered: | MAIN DEPARTMENT OF REGIONAL STATISTICS: Identification code of the body: 21680000; Date of registration: 20.07.2010 STATE TAX INSPECTORATE IN SOLOMIANSKYI DISTRICT OF THE MAIN DEPARTMENT OF MINISTRY OF REVENUES IN KYIV: Identification code of the body: 38747190; Information about the departmental register: (data on registration as a taxpayer); Date of registration: 22.07.2010; Registration number: 42483 STATE TAX INSPECTORATE IN SOLOMIANSKYI DISTRICT OF THE MAIN DEPARTMENT OF MINISTRY OF REVENUES IN KYIV: Identification code of the body: 38747190; Information about the departmental register: (data on registration as a single contribution payer); Date of registration: 15.03.2012; Registration number: 02-17766 |
| Data from the statistics authorities about the main kind of economic activity of the legal entity, determined on the basis of state statistical observations according to statistical methodology for the results of activity for the year | KVED code 90.01 Theatrical and concert activities |
| Data on the registration number of the single contribution payer, class of professional production risk of the payer by the main type of its economic activity | Registration number of the single contribution payer: 02-17766; Class of professional production risk for the payer by the main type of economic activity: 9 |
| Information on contacting the legal entity | Phone 1: 4129375 |
LLC “MELNITSA INTERNATIONAL” – court cases in the last 2 years
http://www.reyestr.court.gov.ua/Review/38894333 Decision 14.05.14 Commercial 910/11216/13 Commercial Court of Kyiv Prygunova A.B.
http://www.reyestr.court.gov.ua/Review/38643981 Court ruling 08.05.14 Commercial 910/8580/14 Commercial Court of Kyiv Chebykina S.O.
http://www.reyestr.court.gov.ua/Review/37027402 Court ruling 05.02.14 Commercial 910/11216/13 Commercial Court of Kyiv Prygunova A.B.
http://www.reyestr.court.gov.ua/Review/36141196 Court ruling 03.12.13 Civil 758/14281/13-c Podilskyi District Court of Kyiv Grebeniuk V. V.
http://www.reyestr.court.gov.ua/Review/36141174 Court ruling 03.12.13 Civil 758/14281/13-c Podilskyi District Court of Kyiv Grebeniuk V. V.
http://www.reyestr.court.gov.ua/Review/36141365 Court ruling 06.11.13 Civil 758/14281/13-c Podilskyi District Court of Kyiv Grebeniuk V. V.
http://www.reyestr.court.gov.ua/Review/34389046 Court ruling 23.10.13 Civil 22-c/796/13429/2013 Court of Appeal of Kyiv Holovachov Yaroslav Vyacheslavovych
http://www.reyestr.court.gov.ua/Review/33543866 Court ruling 16.09.13 Civil 22-c/796/13429/2013 Court of Appeal of Kyiv Holovachov Yaroslav Vyacheslavovych
http://www.reyestr.court.gov.ua/Review/33049559 Court ruling 15.08.13 Civil 6-32631sk13 High Specialized Court of Ukraine for Civil and Criminal Cases Gorelkina N.A
http://www.reyestr.court.gov.ua/Review/33227184 Court ruling 14.08.13 Civil 758/9899/13-c Podilskyi District Court of Kyiv Grebeniuk V. V.
http://www.reyestr.court.gov.ua/Review/33227174 Court ruling 14.08.13 Civil 758/9899/13-c Podilskyi District Court of Kyiv Grebeniuk V. V.
http://www.reyestr.court.gov.ua/Review/33227177 Court ruling 01.08.13 Civil 758/9899/13-c Podilskyi District Court of Kyiv Grebeniuk V. V.
http://www.reyestr.court.gov.ua/Review/32063267 Court ruling 25.06.13 Civil 22-c/796/3777/2013 Court of Appeal of Kyiv Usyk Hryhoriy Ivanovych
http://www.reyestr.court.gov.ua/Review/32144821 Decision 25.06.13 Civil 22-c/796/3777/2013 Court of Appeal of Kyiv Usyk Hryhoriy Ivanovych
http://www.reyestr.court.gov.ua/Review/31794236 Court ruling 13.06.13 Commercial 910/11215/13 Commercial Court of Kyiv Kurdelchuk I.D.
http://www.reyestr.court.gov.ua/Review/31803036 Court ruling 13.06.13 Commercial 910/11216/13 Commercial Court of Kyiv Prygunova A.B.
http://www.reyestr.court.gov.ua/Review/30797343 Court ruling 16.04.13 Civil 22-c/796/5035/2013 Court of Appeal of Kyiv Sokolova Viktoriya Vyacheslavivna
http://www.reyestr.court.gov.ua/Review/30217388 Court ruling 19.03.13 Administrative 2a-12808/12/2670 Kyiv Administrative Court of Appeal Stepanyuk A.G.
http://www.reyestr.court.gov.ua/Review/35630202 Court ruling 06.03.13 Civil 22-c/796/5035/2013 Court of Appeal of Kyiv Sokolova V. V.
http://www.reyestr.court.gov.ua/Review/29347577 Court ruling 06.02.13 Civil 758/644/13-c Podilskyi District Court of Kyiv Zakharchuk S. S.
http://www.reyestr.court.gov.ua/Review/35709116 Court ruling 05.02.13 Civil 22-c/796/3777/2013 Court of Appeal of Kyiv Usyk Hryhoriy Ivanovych
http://www.reyestr.court.gov.ua/Review/28758516 Decision 18.01.13 Civil 2607/11642/12 Podilskyi District Court of Kyiv Voytenko T. V.
http://www.reyestr.court.gov.ua/Review/27339622 Court ruling 09.11.12 Civil 2607/11642/12 Podilskyi District Court of Kyiv Voytenko T. V.
http://www.reyestr.court.gov.ua/Review/26963535 Court ruling 17.10.12 Civil 2607/11642/12 Podilskyi District Court of Kyiv Voytenko T. V.
http://www.reyestr.court.gov.ua/Review/26454480 Ruling 15.10.12 Administrative 2a-12808/12/2670 District Administrative Court of Kyiv Danylyshyn V.M.
http://www.reyestr.court.gov.ua/Review/26963527 Court ruling 12.10.12 Civil 2607/12240/12 Podilskyi District Court of Kyiv Vasylchenko O. V.
http://www.reyestr.court.gov.ua/Review/26233861 Court ruling 28.09.12 Civil 2607/11642/12 Podilskyi District Court of Kyiv Voytenko T. V.
http://www.reyestr.court.gov.ua/Review/26963426 Court ruling 17.09.12 Civil 2607/11022/12 Podilskyi District Court of Kyiv Bohinkevych S. M.
http://www.reyestr.court.gov.ua/Review/25940632 Court ruling 10.09.12 Civil 2607/11061/12 Podilskyi District Court of Kyiv Shakhovnina M. O.
http://www.reyestr.court.gov.ua/Review/32187077Decision 03.07.2013 Commercial 910/11215/13 Commercial Court of Kyiv Kurdelchuk I.D.
LLC “MELNITSA CONCERT”
Founder: ISIDOROV MYKOLA MYKOLAYOVYCH
Director: ISIDOROV MYKOLA MYKOLAYOVYCH
| Full name of the legal entity and its abbreviation if available | LIMITED LIABILITY COMPANY “MELNITSA CONCERT” (LLC “MELNITSA CONCERT”) |
| Identification code of the legal entity | 38234820 |
| Organizational and legal form | LIMITED LIABILITY COMPANY |
| Location of the legal entity | 04136, Kyiv, STECENKA STREET, building 6 |
| List of founders (participants) of the legal entity, including surname, name, patronymic, place of residence if the founder is an individual; the name, location and identification code of the legal entity if the founder is a legal entity | ISIDOROV MYKOLA MYKOLAYOVYCH Contribution to the statutory fund (): 1000.00 |
| Data on the amount of the authorized capital (statutory or accumulated capital) and on the date of completion of its formation | Amount (): 1000.00 Formation completion date: 04.09.2012 |
| Types of activity | KVED code 79.90 Provision of other reservation services and related activities; KVED code 90.01 Theatrical and concert activities (main); KVED code 90.02 Activities to support theatrical and concert events; KVED code 90.04 Operation of theaters and concert halls; KVED code 93.29 Organization of other types of recreation and entertainment |
| Information on the management bodies of the legal entity | general meeting of participants, director |
| Surnames, names, patronymics, date of election (appointment) of persons who are elected (appointed) to the management body of the legal entity, authorized to represent the legal entity in legal relations with third parties, or persons who have the right to act on behalf of the legal entity without a power of attorney, including signing contracts and information about any restrictions regarding representation on behalf of the legal entity | ISIDOROV MYKOLA MYKOLAYOVYCH – manager since 31.08.2012 |
| Date and number of the entry in the Unified State Register on the state registration of the legal entity — in case state registration of the legal entity was carried out after the entry into force of the Law of Ukraine “On state registration of legal entities and individual entrepreneurs” | Entry date: 04.09.2012 Entry number: 1 071 102 0000 029823 |
| Status of the information about the legal entity | information not confirmed |
| Name of the constitutive document | Charter (two copies) |
| Location of the registration file | Department of state registration of legal entities and individuals — entrepreneurs of the Podilskyi district registration service of the Main Department of Justice in Kyiv |
| Data from the statistics authorities about the main kind of economic activity of the legal entity, determined on the basis of state statistical observations according to statistical methodology for the results of activity for the year | KVED code 90.01 Theatrical and concert activities |
| Information on contacting the legal entity | Phone 1: +380444496722 |
LLC “MELNITSA CONCERT” – court cases in the last 2 years
http://www.reyestr.court.gov.ua/Review/38131894 Court ruling 01.04.14 Administrative 826/11960/13-a High Administrative Court of Ukraine Horbatiuk S.A.
http://www.reyestr.court.gov.ua/Review/38071026 Judgment 31.03.14 Administrative 826/3134/14 District Administrative Court of Kyiv Karmazin O.A.
http://www.reyestr.court.gov.ua/Review/37618347 Court ruling 13.03.14 Administrative 826/3134/14 District Administrative Court of Kyiv Karmazin O.A.
http://www.reyestr.court.gov.ua/Review/36142439 Court ruling 05.12.13 Administrative 826/11960/13-a Kyiv Administrative Court of Appeal Bespalov O.O.
http://www.reyestr.court.gov.ua/Review/33138658 Judgment 22.08.13 Administrative 826/11960/13-a District Administrative Court of Kyiv Kobylianskyi K.M.
http://www.reyestr.court.gov.ua/Review/32749765 Court ruling 31.07.13 Administrative 826/11960/13-a District Administrative Court of Kyiv Kobylianskyi K.M.
http://www.reyestr.court.gov.ua/Review/32187077 Decision 03.07.13 Commercial 910/11215/13 Commercial Court of Kyiv Kurdelchuk I.D.
http://www.reyestr.court.gov.ua/Review/32144821 Decision 25.06.13 Civil 22-c/796/3777/2013 Court of Appeal of Kyiv Usyk Hryhoriy Ivanovych
http://www.reyestr.court.gov.ua/Review/30217388 Court ruling 19.03.13 Administrative 2a-12808/12/2670 Kyiv Administrative Court of Appeal Stepanyuk A.G.
http://www.reyestr.court.gov.ua/Review/28758516 Decision 18.01.13 Civil 2607/11642/12 Podilskyi District Court of Kyiv Voytenko T. V.
http://www.reyestr.court.gov.ua/Review/26963535 Court ruling 17.10.12 Civil 2607/11642/12 Podilskyi District Court of Kyiv Voytenko T. V.
http://www.reyestr.court.gov.ua/Review/26454480 Ruling 15.10.12 Administrative 2a-12808/12/2670 District Administrative Court of Kyiv Danylyshyn V.M.