Dear Sir,

I need your advice.

I booked Tivoli Garden Resorts P Ltd, hhatarpur Mandir Road, New
Delhi-110030, Rooms and Banquet Halls for the Marriage of my daughter.

The marraige was fixed for 11-02-08, and I made advance payments of
Rs.250,000/- to the Resort Hotel on 26-08-07 and on 7-10-07.

The total deal for the entire Booking was finalised at Rs. 10/- Lacs.

In the meanwhile , the would be bridegroom's mother was diagnosed with
Cancer and had to immediaely admitted to the Hospital for treatment.

Under the circumstances, the marriage plans got postponed.

I went to the Banquet Manager Mr. Vikram Bhalla at the Resort Hotel on
1-11-07, and narrated the matter.

He was very sympathetic, and agreed to arrange for full refund of the
advance paid by me since the programme is being cancelled with full 3 months
advance notice.

I was made to write an application for refund and to submit the original
receipts, which I did .

I started follwing up the matter after 2-3 weeks and was being constantly
being gien evasive replies.

Ultimately one day I went and confronted the Manager, and I was told tht
they will not refund my advance paid as per the policy of the management.

I emailed, phoned and wrote several letters to the Director Mr. Rohit Gupta,
but there was no response.

The marriage of my daughter got re-scheduled for 11th November-09, and the
engagement party was scheduled for 14 th Sept,09.

I once again approached the Tivoli Resorts to revive my booking and let me
utilise the advance amount paid earlier.

They did not agree and till today , despite repeated reminders have not
bothered to refund the advance amount paid by me.

Kindly advice my rights to recover the advance paid for a service which was
never delivered and never availed of.

The receipts mention that In case of cancellation of function, the Advance
paid shall be frefeited. I had raised objection to the clause even before I
paid the advance, but I was assured by the Manager on duty, that the clause
is meant for the people who cancel the bookings without any advance notice.

The monies were paid over 2 years ago, but the function was cancelled on
1-11-07 when I first approached the party for refund. In view of this,
whether my claim is time barred.

I will be grateful for your advice and help.

Looking forward to hear from you soon,

Yours Truly,

R B Siddhanti
B-8, Friends Colony-West
New Delhi-110065
Phone-96500-44883