Defamation case
Sakshi Srivastava
(Querist) 27 October 2011
This query is : Resolved
Dear Sir
I am a freelance Events Manager. I recently organised a event for a client. The client requested for an arrangement for 450 people -> tending to 500
On the day of the event, 1000 people turned up from the client side. Eventually the system could not support the strength. However, the client shouted on top of his voice in the middle of all guest complaining about the lack of proper arrangements & highlighting the in-sufficient food etc with no mention to the fact that his guests had far exceeded the number mentioned to us in the work statement.
I believe that this incident has caused a high level of damage on my reputation as a events organiser & has caused a huge loss of potential business.
I want to file a defamation case against them. Can you please advice me on this. I am in Faridabad
Raj Kumar Makkad
(Expert) 27 October 2011
Raising of false complaint in loud voice in the presence of guests is not a defamation. Even then if you want to start litigation then first prepare 2-3 witnesses present at the time of alleged incident and then a notice be served from your side through your lawyer and next action shall follow accordingly.
prabhakar singh
(Expert) 27 October 2011
I do not think you have any defamation case post incidence.
At best you can say that as an event manager you by your experience might have earned some good will and damage to that good will was caused for which after issuing legal notice,a suit of damages can be filled .
Shailesh Kr. Shah
(Expert) 28 October 2011
As advised by Shri Prabhakar Singh, file suit of damages.
ajay sethi
(Expert) 28 October 2011
was the intimation given to you that 450 / 500 people shall be attending in writing.
was advance payment made by clients on said basis . ?
did you enter into written contract with client?
have you received balance payment?
was payment received by you for 500 people or 1000?
have you received nay written complaint from client that services were not up to the mark?
Satya Mani Tiwari
(Expert) 28 October 2011
I agree with the opinions of experts above surely you do not have defamation case, but as a professional of event management you must take it as a lesson for future contracts, in fact thats where your management skills were tested, its a difficult field but you should be ready in future to face such eventualities.
Ajay Gulati
(Expert) 28 October 2011
First of all u didnot mention the date of incident bcz u can file a suit alleging defamation within 1 year from the date of incident and secondly, as advised above, its easy to file defamation case but its very difficult to prove it in trial..however u must follow the process as advised above..
Sakshi Srivastava
(Querist) 28 October 2011
Dear Sir(s)
Thanks a lot for your replies
From what I understand, it seems it does not qualify as a defamation case.
Regarding suit for damages - what exactly would it mean & what kind of compensation could I seek
Some more details
Date : 23 Oct, 2011
There is a written work order from the orgnisation mentioning 450 -> 500 people
The total Bill is 2,30,000 (incl food + entertainment + decor)
The advance of 40,000 was paid for the total event (which includes also the arrangements other than food i.e. decoration, entertainment, sound , stage etc..)
The balance payment is still not done. We have raised the bill for 600 people based on the estimate of the cooks. {We divided the dinner & snacks). Dinner was served to around 650 people & snacks were served to around 400 people
They have not served anything in writing regarding lack of services etc. However, they made a loot of noise & highlighted the lack of adequate arrangements in open public during the event. This has caused a lot of harm to our reputation in the medical fraternity + important social groups of the city.
Through the suit of damages, I seek
a) A written declaration to all their employees, all doctors of the city and all invitees accepting the fact that the number of guests far exceeded the people estimated and any failure of the system to support such a strength in a smooth manner cannot be seen as a inadequacy on the part of the organiser
b) A proportional monetory compensation till the time such a declaration is made
c) Award of another contract with the same invitees so that the demonstration of real level of our services can be done to the same set of people
Please tell me how to proceed & how much merit do you all see in my case & my demands
I would like to add that :
a) All my vendors related to food, stage, sound, tent, video, entertainment will be able to serve as witness
b) we have video & photos of the full event
c) The neutral players - like the people incharge of the venue - will also be able to serve as witness regarding the number of people
Please guide me
thanks
Sakshi
ajay sethi
(Expert) 28 October 2011
mr sakshi i would not advice you file any suit for damages . at least in mumbai it takes 20 years to be disposed of .
concentrate your energies on getting balance payment . you have done your best aas aginst written estimate of 500 guests you fed 600 as per your final bill . you have received only rs 40,000 as advance . balance amount payable is rs 1,90,000. if you issue legal notice the organiser will hold your payment . you will incur more expenses towards court fees and lawyers fees
Sakshi Srivastava
(Querist) 28 October 2011
Dear Sir
Can you please tell me the merit of my case & demands. I know it may be a lengthy procedure but I want to first assess the tilt of the case ?
thanks
Sakshi
Shailesh Kr. Shah
(Expert) 29 October 2011
Dear Author,
You have good case to succeed. If you are mentally prepare for it then go for it. It seems that it is a issue of 'Prestige' not 'money' But before doing so, first received payment from the organiser under protest.
Sakshi Srivastava
(Querist) 29 October 2011
Dear Sir
Thanks a lot for your inputs.
Can you please also let me know if there is any precedence of judgement in such a case which you could cite to me.
thanks
Sakshi
Shailesh Kr. Shah
(Expert) 29 October 2011
I have no case laws for this case. However i suggest you search at www.indiankanoon.org. its like google.
AA RAMAKRISHNAN
(Expert) 03 November 2011
Making a loud noise or any criticism on arrangements of events or decoration or service is not amounting to damage your reputation in the eyes of the public. A fair and reasonable remark highlighting the defiencies in the service is reasonaly fair and a right of the client who sought your service. You must have suffered business losses because of the unruly show. It will not help you in any way either to get you relief for defamation or compensation for damages
Sakshi Srivastava
(Querist) 03 November 2011
Dear Mr. RamaKrishnan
You are right.
However, what if the remark is 'not fair'; 'not reasonable'
The whole debate is under the hypothesis that we will be able to prove easily that the number of guests (1000) far exceeded the estimate given to us (450).
The whole discussion & the case is to say that such extreme circumstances (of 1000 people instead of 450) were created solely by the client & hence it is not 'fair' & 'reasonable' on the part of the client to highlight (in public) the inadequacy of services caused due to increased number of guests.
Yes there has been a big reputation loss for me in my business causing loss of future business. Please tell me who is reponsible for this loss of business ? In case it is not 'me alone' then I am sure I should have a legal remedy to recover my damages.
What we need is a public declaration by the client to all the invitees stating clearly the terms of the contract (please see my preceding replies & the demands). Once the declaration is made, the invitees are free to assess the inadequacy of services in light of the facts disclosed to them.
Thanks
Sakshi
