Lawsuit for refund of tickets to the Fantastic Shadow Theatre

Автор: admin_dev

Дата оновлення: 19 February 2015

On 17-18.12.2013 Kyiv residents eagerly awaited the concert of the Fantastic Shadow Theatre. Unfortunately, everyone who wanted to see the performance suffered from the unlawful actions of the organizer LLC “International Artistic Agency”, because due to the political situation in Ukraine the organizer decided to postpone the performance.

On 17-18.12.2013 Kyiv residents eagerly awaited the concert of the Fantastic Shadow Theatre. Unfortunately, everyone who wanted to see the performance suffered from the unlawful actions of the organizer LLC “International Artistic Agency”, because due to the political situation in Ukraine the organizer decided to postpone the performance. This was followed by a series of evasive replies and postponements of the concert, which has been dragging on for more than a year.

discussion about refunds for the cancellation of the Fantastic Shadow Theatre in our Facebook group

At first the performance was moved to September, then to October 2014. In October the organizer posted a letter on the Internet

in which he undertook to announce the new date of the artists’ performance and information about ticket refunds after 20.10.2014. But despite this, as of 18.02.2015 no further messages from the organizer followed. Moreover, the phone number provided for contacting the organizer is not functioning, the organizer does not respond to any inquiries and does not take any visible steps to return the money received for the concert that the audience never saw.

Due to the great public resonance caused by this situation, as well as the increasing cases of violations of consumers’ rights and legitimate interests, the legal company “Nakaz” is actively involved in assisting victims in obtaining refunds. For a year our company has been supporting those affected by the actions of LLC “Melnitsa Concert”. You can familiarize yourself with the results of our work on our website refunds for cancelled concerts of LLC “Melnitsa Concert”

and also on our social network page

facebook – refunds for cancelled concerts of LLC “Melnitsa Concert”

Using a similar course of action, we plan to provide informational support and assistance to victims of the actions of LLC “International Artistic Agency”.

Some points should be clarified immediately:

1. Unfortunately, Ukrainian legislation does not contain the concept of a “collective lawsuit”; this is a colloquial expression. Of course, it is possible to file a joint claim by several citizens, but provided that their situations are similar. In the claim it will be necessary to describe each situation separately, provide evidence separately for each case, and arrange a power of attorney for the representation of each plaintiff’s interests separately. That is why we cannot contact the organizer on your behalf and defend your rights in state institutions. This is only possible if a power of attorney is issued;
2. Our company, as in previous cases (LLC “Melnitsa”, LLC “News Travel”), collects and analyzes data on the victims, their number, and amounts of damages. This makes it possible to provide informational support to victims, to form detailed instructions on further actions to recover money, to prepare samples of procedural documents (complaints, claims, lawsuits), which are provided on this site completely free of charge, and also to increase the “pressure”, since organized actions by a large number of people and companies can create conditions that will make it impossible for the guilty parties to escape liability. Therefore we strongly recommend that you read the instruction below and follow it;

INSTRUCTIONS

Step-by-step sequence of actions for victims of the failure to fulfill obligations by LLC “International Artistic Agency”:

1. Draft a “demand” (вимога) for the return of funds for the concert that did not take place.

Example of a “demand”:

Example “demand”

Fill in the demand with your own information, print and sign it.

Attach the following documents to the demand:

• a copy of the tickets;
• a copy of the payment document confirming the fact of payment.

2) Send the “demand” by registered mail with return receipt and an inventory of documents to the address of LLC “International Artistic Agency”:

01103, Kyiv, Kikvidze St., 18-A.

Be sure to keep all receipts, the inventory of documents and the return receipt! If the return receipt was not received, keep the document confirming the sending of the letter.

3) After 7 days from the date indicated on the return receipt, prepare the following documents:

• a statement of claim to the court;

Here you can view the text:

statement of claim to the court

• a complaint to the State Inspectorate of Ukraine for Consumer Protection;

Here you can view the text:

complaint regarding consumer protection issues

4) On the 8th day (counting from the date indicated on the return receipt of the “demand”) send (also by registered mail with return receipt) the statement of claim and complaint to the address of LLC “International Artistic Agency”. This step is not mandatory; you may go to court immediately, but such actions help the opponent understand that you are determined and that it is better to resolve the matter amicably. Also consider that if the return receipt for the claim did not come to you, it means that correspondence is not accepted at the LLC “International Artistic Agency” address and there is no point in sending the claim;

5) Until 14 days have elapsed from the date of delivery of the initial “demand” to LLC “International Artistic Agency” – wait for a response;

6) If there is no positive result after performing all the previous steps, file a lawsuit in court and a complaint with state authorities.

INSTRUCTIONS for filing a lawsuit in court independently

Step-by-step instructions on how to file a statement of claim in court by yourself:

1) at the following link you can view a sample statement of claim sample statement of claim

In this sample claim, replace the text highlighted in red with your own details, sign the claim and put the date of filing;

2) print the claim with attachments in three copies: one for the court, the second is also submitted together with the first copy for the defendant, the third is for you; have the court registry stamp it to confirm acceptance. The third copy of the claim is not mandatory, but if you want proof of acceptance, you should do this. Attachments for the third copy do not need to be printed. Also immediately ask for the phone number of the registry, you may need it;

3) take all claims to the court at the address of your registration, ask where the registry is (do not forget to obtain a stamp of acceptance on your copy). If you do not know where the court in your district is located, contact us with a comment (indicating your registration address) on our company’s website or social network, or clarify this information with our company staff by phone;

4) wait for the “order” (ухвала) on the appointment of the court hearing to arrive by mail (about 3 days after filing the claim; if you did not receive the order – call the court registry);

5) appear in court on the specified date (be sure to take your original passport with you).

Attention! The court fee for filing a consumer protection claim is not payable.

It should be noted that there is already a positive court decision regarding the refund from LLC “MAA” http://www.reyestr.court.gov.ua/Review/42607973