Preview
INDEX NO. 50325/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022
SUPREME COURT OF THE STATE OF NEW YORK
. -_ ___ ___ - _ - .. _ ____-..------------------ MEED
Ra c=c ( knndrapno \
JUN 1 6 2022
TIMOTHY C.IDONI
COU T 'X.ERK
Names of PJajntiffis)/Petitioner(s) COUNTY Or 1 esi CHESTER
vs
Summons
3004 Clot) evn the Soi nd index No. 50WSOR
(Names of Defendant(s)/Respondent(s)
To the Person(s) Named as Defendant(s) Above:
PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the
complaint of the plaintiff(s) herein and to serve a copy of your answer on the plaintiff(s) at the
address indicated below within 20 days after the service of this Summons (not counting the
day of service itself), or within 30 days after service is complete if the Summons is not
delivered personally to you within the State of New York.
YOU ARE HEREBY NOTIFIED THAT should you failto answer, a judgment will be
entered against you by default for the relief demanded in the complaint.
f0ated: . 20__
(Date of Summons)
0 ( t .twnGC horylfopo ol John R thean '
name - person
(Plaintiff(s) brin on lawsuit)
- (- 03rd
//O / / . (,
y /27.nd
street address
(Plaintiff(s)
ScAmmd //Q j/yff ff Ogone ark 4/ //f2o
t/
intiff(city, state,
zip)
telephone
laintiff(s) no.)
0rf ('lub on 4Ae. $oune)
name - person(s)
(Defendant(s) sued)
street address)
(Defendant(s)
//ew #ochel/L A/Y tafar
city, state, fip)
(Defendant(s)
Venue: Plaintiff(s) designate(s) County as the place of trial. The basis of
this designation is: then select one category
(Enter County above; below,listing specific
County)
Plaintiff(s)'
O Residence in County.
Defendant(s)'
)8T Residence in LAlesF e]>es-kvCounty.
O Other - Describe: .
NOTE: THIS FORM OF SUMMONS MUST BE SERVED WITH A COMPLAINT
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INDEX NO. 50325/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
__.------------..________---------------------------------------________..__---________-------___.-------------__Ç
JOHN DHUMAN & RAJCOOMAR CHANDRAPAUL
(Plaintiffs)
-against-
SURF CLUB ON THE SOUND enS/Zoz1
5
(Defendant)
____________----_________.......__________------______________----_________.---___________.----_______..__-----_____Ç
TO THE SUPREME COURT OF THE STATE OF NEW YORK
The complaint of the plaintiffs, John P. Dhuman and Rajcoomar Chandrapaul, respectfully shows and alleges as
follows:
1. The plaintiffs herein, John P. Dhuman and Rajcoomar Chandrapaul, is a resident at the State of New
York. Mr. Dhuman resides at 111-46 122nd Street, South Ozone Park, NY, 11420. Mr. Chandrapaul
resides at 110-15 103rd Ave, South Richmond Hill, NY, 11419.
2. The defendant herein, Surf Club on the Sound, has a principal place of business at 280 Davenport Ave,
New Rochelle, NY, 10805. Dependent is engaged in the business of banquette hall and wedding venue.
3. Plaintiffs, Dhuman and Chandrapaul desired to have a wedding reception on behalf of their son and
daughter to be held on May 23, 2020, prior to COVID-19 pandemic. They discussed with the defendant
their needs and specifications for this event.
4. On April 18, 2020, plaintiffs and defendant entered into a written agreement. Pursuant thereto, plaintiffs
agreed to pay the sum of $40,500 for 225 guests in cash. Plaintiffs were obligated to make payments in
increments leading up to the event date.
5. Upon entering the Covid-19 pandemic, due to state mandates and restrictions, the event was postponed
to May 28, 2021. The new rescheduled date was kept, however at the time of the event, New York State
had a restriction of 100 guests maximum at event/catering venues in respect to the county in which "Surf
Sound"
Club on the is located, due to the COVID-19 pandemic. The managers at Surf Club on the
Sound were forcing the plaintiffs to accumulate 100 guests, although the plaintiffs reiterated that they
only had 80 guests attending. However, although the full amount of $40,500 was no longer required, at
that point in time, the deposited amount of $30,400.00 was already paid in cash. The final agreement
was for 80 guests at $180.00/each.
Sound"
6. The plaintiffs tried to confront the managers of "Surf Club on the about the difference in pricing,
but they were not cooperating to resolve the issue. After trying to come to an agreement numerous times
concerning a refund, the defendant threatened to cancel the event about two weeks prior to the event.
The plaintiffs did not want their event at the venue to be cancelled, so the plaintiffs worked out an
2 of 11
INDEX NO. 50325/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022
agreement to take care of the discrepancies after the event. The plaintiffs also reached out to the
Department of Consumer Affairs in hopes that they would be able to yield a response from the venue on
their behalf, but their attempt also failed.
" Payment = $30,400.00
" 80 guests x $180.00 = $14,400.00
" $30,400.00 - $14,000.00 = $16,000.00 (Balance owed to Plaintiff without interest)
" $4,500.00 in interest payment for 4 years incrementally
" Total Plaintiff $20,500.00 includes interest..
seeking
7. By reason of the facts and circumstances state above, plaintiffs have been damaged by the defendant in
the sum of $20,500.
WHEREFORE, plaintiffs demand judgement against defendant in the sum of $20,500 including
interest, together with any other relief the Court finds to be just and proper.
Dated: May 15, 2022
John Dhuman (Plaintiff)
Rajcoomar Chandrapaul (Plaintiff)
111-46 122nd Street,
South Ozone Park, NY, 11420
(347) 672-7538
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INDEX NO. 50325/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022
Represe ativ s
Addr'ess
280 Davenpol.t Averiue, New Rochelle,. NY 10805
" City State_.__2ip
Tel: 914.633.8221 Fax: 914.633.7108
www.thesurfclubonthesound.com Firm Name
OfficeTel. ( )
Agreement made this o day of 20
between ( 692-f 6 (N
and:
Cell ( )
(1) Email
(2) Pa on'sHome Phone #
(1) Home Address /City/State/Z
p f
)Pf
(1) FirmName
Email , ODJ
Work # ? Cell # b
Patron engages facilities
of catererbject to the rule onditions
printed on reve and which constitutes
part of this contrac
a which have been read by patron
Date of Function O AFT. EVE. d0 ype of Function
Invitation
Time until .
us % a uet Charge
Person ranee d Total Amountof Contract: plusSales-T
$
Suite PricePer Additional
Person
u ales T
Receipt orp-ayme o ountis here acknowledged.
so
$ 500 Chec s eck O Cash O
Received by
Additional paymeht due $ S@O er
Date
Check O
$
than
Cash O
30 days from date ofsigning.of contract. ' '
Received by Date
n&dn Qo)9
5000AopoleP400
Check O
$
Cash O
., O Received
of by Date $
Check O .Cash O
BALANCE DUE $ CM d Received by Date $
FinalBalance = Certifie.d ank
Check, Check or Cash -
Check O Cash O
(9 ADDITIONAL ARRANGEMENTs
yt ut r
*Guest invitation time must be the same
as the contract. Any time chan e inust be
.Q approved by caterer. ..
Vendor Meals $
Check Rooin C ,
Cake (ButterCream Icino) h0
ValetParking Decorations throughhouse florist
Exclusively by patron. Patron to pay florist
directly. If you do not u
house florist there will be a fee of $750.
Linens
Use of Ceremony Space: $1500
Liquors
I iqunr
Service
PATRON'S SIGNATURE
n, .6 ot//na
4 of 11
INDEX NO. 50325/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022
280 Davenport Avenue, New Rochelle, NY 10805
914.633.8221 " Fax: 914.633.7108
Tel;
74 www.thesurfclubonthesound.com
DEPOSIT RESEART
Name of Event Date a ent a R O
Room: PM 00
AdditionalDeposit )
280 Davenport Avenu N9w Fochellp, NY 10805
Tel: 914.633.8221 ." Faíc 914;633.7108
www.thesudclub hesound.com
. DEPOSIT RECE1PT
ame of Even Date of Event Œ
Room:
AdditionalDepo it . ( )
Accepted Date
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INDEX NO. 50325/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022
. 28ÇIDavenpod Avenue,New Rochelle, NY 10805
. PJel: 914.633.8221 ". Fax: 914.633 7108
f& üd www.thesurfclubdnthesound.corn
DEPOSIT REf EIPT
Name Event: Date of Event:
Additional
Deposit
280 Davenpod Avenue, New Rochelle, NY 10805
. Tel: 914.633.8221 " Foxi 914.633.7108
. www.thesurfclubonthesound.com
DEPOSI RECEIPT
Na e of Event: anC N do Omah a.teof 8'-xF20 O
Additiona[peposit: ( )
Date
Acceptedby
6 of 11
INDEX NO. 50325/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022
280 Davenport Avenue, New Rochelle, NY 10805
Tel: 914.633.8221 " Fax: 914.633.7108
www.thesurfclubonthesound.com
EPOSIT NE IPT
Nan)Le of Event: Date d Event
Room:
Additional
Deposit 0
Accepte by Date
-.7 of 11
INDEX NO. 50325/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022
Georgeann Stevenson
From:
Date: Tue, Dec 14, 2021, 10:38 AM
Subject: Responding from NYS Consumer Protection
To:
December 14, 2021
Rajcoomar Chandrapaul
110-115 103rd Avenue
South Richmond Hill,NY 11419
FileNo.: 20210923-31360-DU
Re: Surf Club On The Sound
Dear Chandrapaul:
Thank you for filinga consumer complaint with the Division of Consumer Protection (DCP).
The DCP made several attempts to obtain a satisfactory resolution of your complaint against Surf Club On
The Sound, but the company did not respond. Therefore, the DCP emailed copies of your complaint on
several occasions but, unfortunately, the company stillrefuses to respond. Therefore, we must close our
fileon this matter.
Through mediation we strive to find a fair and amicable solution to disputes between consumers and
businesses. However, instances do exist where we are unable to bring about a satisfactory resolution of a
complaint. Because mediation isa voluntary procedure, we cannot compel either businesses or consumers
to settlecomplaints. Ifyou wish to pursue this matter further,itis suggested that you seek legal assistance
or contact the New York State Attorney General's office.I have listedthe Attorney General's address and
telephone number below for your convenience:
NYS Attomey General
Consumer Fraud Bureau
State Capitol
Albany, New York 12224
1-800-771-7755
www.oaq.state.ny.us
Thank you again for contacting us. Your comments, complaints and concerns are always welcome.
Sincerely yours,
Georgeann Stevenson
Consumer Advisor
8 of 11
INDEX NO. 50325/2022
1/27/22,6:00PM PXL_20210920_233041502.jpg
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022
Ntm RK Division of
9S55 anaag=" Saa*=Sa
Consumer Protection
reme:ø:g474 as
ax:esaues a
CONSUMER COMPtAINTHELPUNE:140tHi97-1220
www,dos.ny.gov/
CONSUMER COMPLAINT FORM
court of law this complaint, the Division of Consumer
IMPORTANT: Ifyou have taken any action within a regarding
assistance. action includes court proceedings that are currently
Protection (DCP) cannot provide additional Any
finaldecision. Nonetheless, you are welcome to your
file
pending and those where the court has rendered a
complaint to create a public record of your concern with DCP.
FirstName: Last Name:
State: Zip Code
Street Address (Suite#,A : City:
- Richmonal Queens M H 4 /
NO J.5 /OS
y Number· Ve-,
//dl
E-mail Address: y
Daytime Phone Evening Phone Numbi r:
you served in themilitary? O Yes $No
riave
your immediate served in themilitary? . O Yes No
Man any member of family
InvolvedinDispute - Name of Business You are Complaining Against)
COMPANY INFORMATION (Company
Representative/Salesperson & Title:
Name: Company
knapany or SenIer
THE. 0tANh Rick bilFD
.5'u2 F /Ju.8 ont
State: Cade:
City: Zip
or SellerStreetAddress (Suits,Apt):
Ammpany
rJ / ofor
¾avA off AoP. AfEhl RotHE //E .
aWO or SoilerFax .
Number: Company
empany or SellerPhone
or SellerEmailAddress:
Number if available): Company
sepany or SellerI.Icense
thiscomplaint? .
government or elected to
official assistinresolving
you contacted any other agency
Have
(chschonef O Yes No
contact or anested osci 1:
Agency
hms teceived cancÆle
(e.g. contractu4warranties
to this form copies of any papers
PIs ase (ttach OMGINALS.
po NOT SEND ANY
docugnents that support your counplaint.)
andtaty
You CompingfMHi tp¬jompany; To Whoin Yeti
Qgcumid; Datsis)
https:IlmaiLgoogie.comlmailAl/0/#sent/KtbxLzFvSfikfsVGBchmxxHGcbVJrixkLdB?projector=1&messagePartid=0.3
9 of 11
INDEX NO. 50325/2022
1/27/22,6:01PM PXL_20210920___233058730.jpg
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022
COMI A NT INFORMATION (continued)
of the complaint (eq., ast°rn at
prfnt or type a clear tiescription
complaint: Please
Description oft
Atuchememeommunionneman nee"ssary. +
mall telemarketing, internet, etc.)
complaint: car, order,
PAYMENT INFORMATION
Have you pold forthe product or service?
already
.
(Check One) Yes O No O PartialPurchase O Amount inDispute: $
Cash O Check O Credit Card O Money Order
Method of Payrnent: (Checkoney f
UESTING refund, credit,exchange or rebate)
DESCRIPTION OF RESOLUTION YOU ARE REQ (e.g.,
PL ASE READ THE FOLLOWING BEFORE SIGNfNQ BBLOW
Mr Ialee
nIs foggdunderstand thatthe Ohdston ofConounter Protectiottisattempting to meanate eny complaintc
legalrightsorresponsiblittised thould contest1sprivate sttorney I INumby atdhops
if I have
any questions conderning my
CensumerProtection to work with thesppropffate governsberstand peltrate
sealer antitieson styinher, Inclustri
Inin of
appropriate clocuments, toalternptto 598o194 plygSepute, t have toigne
flic chjection contents
fuquesting arMLreylpzing
eamplaint forwarded tothe businese or servics person the complaintis directed egalpst, I undesolandthis ifaculnent
timing
sub)actEtodisc underthe F of Information shove is trueand amputate As thebest ofgiy
,
Return to: NYS Deportem@of
DivislogrorConsumer Protectkm
Copounter AssistanceUnit C
https·//mail.google.com/mail/u/0/#sent/Ktbxl.zFvSftkfsVGBchmxxHGcbVJHxkLdB7projector=1&messagePartid=0.2 1/1
10 of 11
INDEX NO. 50325/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022
TERMS AND AGREEMENT
TO THE PATRON: THIS IS A LEGALLY BINDING AGREEMENT. You may wish to consult your attorney with
respect to the provisions
herein: YOUR LIABILITY HEREUNDERIS TO YOUR DEPOSIT.
NOT LIMITED
1. The lessor agrees to perform
the catering service and provide theand lessee agrees to pay for the same as
facility
indicated on the front of this agreement.
2. Lessee shall make a deposit of 20% of the total amount due upon the
of this agreement. The deposit shall be
signing
non-refundable.
In no event shall the deposit be less than S3,000.00.
3 Fullpayment of the price mdicated on the front page plus amounts due on account of menu changes,
any additional
guests, etc., shall be due no later than fourteen (14) days prior
upgrades, additional to the scheduled function
date. All
payments must be made by bank or teller's
check or in cash.
4. In the event payment is not made as described in Paragraph
notice to lessee, lessor shall have the
3, upon written .
absolute right to declarc this agreement canceled
by the lesseeand retain lessee's deposit, plus any additional
payments. In no event shall lessor's retention of the deposit relieve lessee from additional
hereunder.
hability
5. it is understood between lessee and
lessor, that the cancellation
by lessec for any reason whatsoever, shall be a breach
of this agreement and shall entitle
lessor to payment from 1csseeof lessor's loss. Lessor's
loss shall be an amount
equal to the agreed price increases subsequent to this agreement) minus the lessor's total expense it would
(mcluding
have incurred in providing
the service hercin. Lessee shall be entitled to deduct paid to lessor and
any sums previously
any amount recouped by lessor if lessor is able to rebook the scheduled function
cancellation
herein. Any is subject to
a 25% surcharge of the total value of the contract between the
lessee and lessor. Cancellation
occurs only upon written
notice from lessor by certified
ma11only.
IN NO EVENT SHALL LESSEE'S LIABILITY UNDER THIS PROVISION BE LESS THAN ITS DEPOSIT
PLUS ANY PRIOR PAY MENT MADE HEREIN.
6. Any postponement by the lessee for the contracted date of the event will
be subject to a 25% surcharge of the total
value of the contract.
7. Lessee shall be responsible
for all of 1cssor's cost and expense,reasonable attorney's
including fees, to enforce
the
provisions
hereof and/or collect
any sums due.
S It is agreed that an afternoon
functionterminates at 5 PM and an evening affair
at 12 midnight
unless otherwise
arranged.
9, Lessee agrees to be bound by and governed
by reasonable rules and refutations
of the management
behavior and conduct of the lessee and guests in the leased premises. concerning
Management reserves the right
to remove
persons from
the leased premises that management deems ob,gectionable
withoutany responsibility
thereoftolessee.
10. The lessee agrees that it will
take good care of the fixtures,
furnishings
and other personal and appurtenances
in. The room rented herein and will property
neither permit
nor suffer any waste, or damage and further
injury agrees thgt upon
it will
leaving, quit and surrender the ruom in as good order and
conditionas it was at the of the term and
agrees to be responsible
for any damage caused by it, its members and its beginning
guests. Lessee further
indemnifies
and holds
lessor harmless from as a result of injury
any liability or damage caused
by lessee, its members, inviteesquests,
to persons or property. etc,
..
I1.Thiscontract cannot be assigned by the lessee without
the express kritten
consentof lessor,
I2.In die event lessoccannot
completethis agreement for any reason
its l'ability
wha{soever, shall be to retum the deposit
plus any additional
sums paid hercunderand shall betunder no further
obligation
to lessee
13. The lessee represents that are offull
hc/she/they legal age.
4. The lessee is responsible
o general ability o
15. The lessor reserve
he b o
1 . In the eynat of a 4mput; pa ig
usually agre
to to
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Preview
INDEX NO. 50325/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022 SUPREME COURT OF THE STATE OF NEW YORK . -_ ___ ___ - _ - .. _ ____-..------------------ MEED Ra c=c ( knndrapno \ JUN 1 6 2022 TIMOTHY C.IDONI COU T 'X.ERK Names of PJajntiffis)/Petitioner(s) COUNTY Or 1 esi CHESTER vs Summons 3004 Clot) evn the Soi nd index No. 50WSOR (Names of Defendant(s)/Respondent(s) To the Person(s) Named as Defendant(s) Above: PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the complaint of the plaintiff(s) herein and to serve a copy of your answer on the plaintiff(s) at the address indicated below within 20 days after the service of this Summons (not counting the day of service itself), or within 30 days after service is complete if the Summons is not delivered personally to you within the State of New York. YOU ARE HEREBY NOTIFIED THAT should you failto answer, a judgment will be entered against you by default for the relief demanded in the complaint. f0ated: . 20__ (Date of Summons) 0 ( t .twnGC horylfopo ol John R thean ' name - person (Plaintiff(s) brin on lawsuit) - (- 03rd //O / / . (, y /27.nd street address (Plaintiff(s) ScAmmd //Q j/yff ff Ogone ark 4/ //f2o t/ intiff(city, state, zip) telephone laintiff(s) no.) 0rf ('lub on 4Ae. $oune) name - person(s) (Defendant(s) sued) street address) (Defendant(s) //ew #ochel/L A/Y tafar city, state, fip) (Defendant(s) Venue: Plaintiff(s) designate(s) County as the place of trial. The basis of this designation is: then select one category (Enter County above; below,listing specific County) Plaintiff(s)' O Residence in County. Defendant(s)' )8T Residence in LAlesF e]>es-kvCounty. O Other - Describe: . NOTE: THIS FORM OF SUMMONS MUST BE SERVED WITH A COMPLAINT 1 of 11 INDEX NO. 50325/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER __.------------..________---------------------------------------________..__---________-------___.-------------__Ç JOHN DHUMAN & RAJCOOMAR CHANDRAPAUL (Plaintiffs) -against- SURF CLUB ON THE SOUND enS/Zoz1 5 (Defendant) ____________----_________.......__________------______________----_________.---___________.----_______..__-----_____Ç TO THE SUPREME COURT OF THE STATE OF NEW YORK The complaint of the plaintiffs, John P. Dhuman and Rajcoomar Chandrapaul, respectfully shows and alleges as follows: 1. The plaintiffs herein, John P. Dhuman and Rajcoomar Chandrapaul, is a resident at the State of New York. Mr. Dhuman resides at 111-46 122nd Street, South Ozone Park, NY, 11420. Mr. Chandrapaul resides at 110-15 103rd Ave, South Richmond Hill, NY, 11419. 2. The defendant herein, Surf Club on the Sound, has a principal place of business at 280 Davenport Ave, New Rochelle, NY, 10805. Dependent is engaged in the business of banquette hall and wedding venue. 3. Plaintiffs, Dhuman and Chandrapaul desired to have a wedding reception on behalf of their son and daughter to be held on May 23, 2020, prior to COVID-19 pandemic. They discussed with the defendant their needs and specifications for this event. 4. On April 18, 2020, plaintiffs and defendant entered into a written agreement. Pursuant thereto, plaintiffs agreed to pay the sum of $40,500 for 225 guests in cash. Plaintiffs were obligated to make payments in increments leading up to the event date. 5. Upon entering the Covid-19 pandemic, due to state mandates and restrictions, the event was postponed to May 28, 2021. The new rescheduled date was kept, however at the time of the event, New York State had a restriction of 100 guests maximum at event/catering venues in respect to the county in which "Surf Sound" Club on the is located, due to the COVID-19 pandemic. The managers at Surf Club on the Sound were forcing the plaintiffs to accumulate 100 guests, although the plaintiffs reiterated that they only had 80 guests attending. However, although the full amount of $40,500 was no longer required, at that point in time, the deposited amount of $30,400.00 was already paid in cash. The final agreement was for 80 guests at $180.00/each. Sound" 6. The plaintiffs tried to confront the managers of "Surf Club on the about the difference in pricing, but they were not cooperating to resolve the issue. After trying to come to an agreement numerous times concerning a refund, the defendant threatened to cancel the event about two weeks prior to the event. The plaintiffs did not want their event at the venue to be cancelled, so the plaintiffs worked out an 2 of 11 INDEX NO. 50325/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022 agreement to take care of the discrepancies after the event. The plaintiffs also reached out to the Department of Consumer Affairs in hopes that they would be able to yield a response from the venue on their behalf, but their attempt also failed. " Payment = $30,400.00 " 80 guests x $180.00 = $14,400.00 " $30,400.00 - $14,000.00 = $16,000.00 (Balance owed to Plaintiff without interest) " $4,500.00 in interest payment for 4 years incrementally " Total Plaintiff $20,500.00 includes interest.. seeking 7. By reason of the facts and circumstances state above, plaintiffs have been damaged by the defendant in the sum of $20,500. WHEREFORE, plaintiffs demand judgement against defendant in the sum of $20,500 including interest, together with any other relief the Court finds to be just and proper. Dated: May 15, 2022 John Dhuman (Plaintiff) Rajcoomar Chandrapaul (Plaintiff) 111-46 122nd Street, South Ozone Park, NY, 11420 (347) 672-7538 3 of 11 INDEX NO. 50325/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022 Represe ativ s Addr'ess 280 Davenpol.t Averiue, New Rochelle,. NY 10805 " City State_.__2ip Tel: 914.633.8221 Fax: 914.633.7108 www.thesurfclubonthesound.com Firm Name OfficeTel. ( ) Agreement made this o day of 20 between ( 692-f 6 (N and: Cell ( ) (1) Email (2) Pa on'sHome Phone # (1) Home Address /City/State/Z p f )Pf (1) FirmName Email , ODJ Work # ? Cell # b Patron engages facilities of catererbject to the rule onditions printed on reve and which constitutes part of this contrac a which have been read by patron Date of Function O AFT. EVE. d0 ype of Function Invitation Time until . us % a uet Charge Person ranee d Total Amountof Contract: plusSales-T $ Suite PricePer Additional Person u ales T Receipt orp-ayme o ountis here acknowledged. so $ 500 Chec s eck O Cash O Received by Additional paymeht due $ S@O er Date Check O $ than Cash O 30 days from date ofsigning.of contract. ' ' Received by Date n&dn Qo)9 5000AopoleP400 Check O $ Cash O ., O Received of by Date $ Check O .Cash O BALANCE DUE $ CM d Received by Date $ FinalBalance = Certifie.d ank Check, Check or Cash - Check O Cash O (9 ADDITIONAL ARRANGEMENTs yt ut r *Guest invitation time must be the same as the contract. Any time chan e inust be .Q approved by caterer. .. Vendor Meals $ Check Rooin C , Cake (ButterCream Icino) h0 ValetParking Decorations throughhouse florist Exclusively by patron. Patron to pay florist directly. If you do not u house florist there will be a fee of $750. Linens Use of Ceremony Space: $1500 Liquors I iqunr Service PATRON'S SIGNATURE n, .6 ot//na 4 of 11 INDEX NO. 50325/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022 280 Davenport Avenue, New Rochelle, NY 10805 914.633.8221 " Fax: 914.633.7108 Tel; 74 www.thesurfclubonthesound.com DEPOSIT RESEART Name of Event Date a ent a R O Room: PM 00 AdditionalDeposit ) 280 Davenport Avenu N9w Fochellp, NY 10805 Tel: 914.633.8221 ." Faíc 914;633.7108 www.thesudclub hesound.com . DEPOSIT RECE1PT ame of Even Date of Event Œ Room: AdditionalDepo it . ( ) Accepted Date 5 of 11 INDEX NO. 50325/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022 . 28ÇIDavenpod Avenue,New Rochelle, NY 10805 . PJel: 914.633.8221 ". Fax: 914.633 7108 f& üd www.thesurfclubdnthesound.corn DEPOSIT REf EIPT Name Event: Date of Event: Additional Deposit 280 Davenpod Avenue, New Rochelle, NY 10805 . Tel: 914.633.8221 " Foxi 914.633.7108 . www.thesurfclubonthesound.com DEPOSI RECEIPT Na e of Event: anC N do Omah a.teof 8'-xF20 O Additiona[peposit: ( ) Date Acceptedby 6 of 11 INDEX NO. 50325/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022 280 Davenport Avenue, New Rochelle, NY 10805 Tel: 914.633.8221 " Fax: 914.633.7108 www.thesurfclubonthesound.com EPOSIT NE IPT Nan)Le of Event: Date d Event Room: Additional Deposit 0 Accepte by Date -.7 of 11 INDEX NO. 50325/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022 Georgeann Stevenson From: Date: Tue, Dec 14, 2021, 10:38 AM Subject: Responding from NYS Consumer Protection To: December 14, 2021 Rajcoomar Chandrapaul 110-115 103rd Avenue South Richmond Hill,NY 11419 FileNo.: 20210923-31360-DU Re: Surf Club On The Sound Dear Chandrapaul: Thank you for filinga consumer complaint with the Division of Consumer Protection (DCP). The DCP made several attempts to obtain a satisfactory resolution of your complaint against Surf Club On The Sound, but the company did not respond. Therefore, the DCP emailed copies of your complaint on several occasions but, unfortunately, the company stillrefuses to respond. Therefore, we must close our fileon this matter. Through mediation we strive to find a fair and amicable solution to disputes between consumers and businesses. However, instances do exist where we are unable to bring about a satisfactory resolution of a complaint. Because mediation isa voluntary procedure, we cannot compel either businesses or consumers to settlecomplaints. Ifyou wish to pursue this matter further,itis suggested that you seek legal assistance or contact the New York State Attorney General's office.I have listedthe Attorney General's address and telephone number below for your convenience: NYS Attomey General Consumer Fraud Bureau State Capitol Albany, New York 12224 1-800-771-7755 www.oaq.state.ny.us Thank you again for contacting us. Your comments, complaints and concerns are always welcome. Sincerely yours, Georgeann Stevenson Consumer Advisor 8 of 11 INDEX NO. 50325/2022 1/27/22,6:00PM PXL_20210920_233041502.jpg NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022 Ntm RK Division of 9S55 anaag=" Saa*=Sa Consumer Protection reme:ø:g474 as ax:esaues a CONSUMER COMPtAINTHELPUNE:140tHi97-1220 www,dos.ny.gov/ CONSUMER COMPLAINT FORM court of law this complaint, the Division of Consumer IMPORTANT: Ifyou have taken any action within a regarding assistance. action includes court proceedings that are currently Protection (DCP) cannot provide additional Any finaldecision. Nonetheless, you are welcome to your file pending and those where the court has rendered a complaint to create a public record of your concern with DCP. FirstName: Last Name: State: Zip Code Street Address (Suite#,A : City: - Richmonal Queens M H 4 / NO J.5 /OS y Number· Ve-, //dl E-mail Address: y Daytime Phone Evening Phone Numbi r: you served in themilitary? O Yes $No riave your immediate served in themilitary? . O Yes No Man any member of family InvolvedinDispute - Name of Business You are Complaining Against) COMPANY INFORMATION (Company Representative/Salesperson & Title: Name: Company knapany or SenIer THE. 0tANh Rick bilFD .5'u2 F /Ju.8 ont State: Cade: City: Zip or SellerStreetAddress (Suits,Apt): Ammpany rJ / ofor ¾avA off AoP. AfEhl RotHE //E . aWO or SoilerFax . Number: Company empany or SellerPhone or SellerEmailAddress: Number if available): Company sepany or SellerI.Icense thiscomplaint? . government or elected to official assistinresolving you contacted any other agency Have (chschonef O Yes No contact or anested osci 1: Agency hms teceived cancÆle (e.g. contractu4warranties to this form copies of any papers PIs ase (ttach OMGINALS. po NOT SEND ANY docugnents that support your counplaint.) andtaty You CompingfMHi tp¬jompany; To Whoin Yeti Qgcumid; Datsis) https:IlmaiLgoogie.comlmailAl/0/#sent/KtbxLzFvSfikfsVGBchmxxHGcbVJrixkLdB?projector=1&messagePartid=0.3 9 of 11 INDEX NO. 50325/2022 1/27/22,6:01PM PXL_20210920___233058730.jpg NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022 COMI A NT INFORMATION (continued) of the complaint (eq., ast°rn at prfnt or type a clear tiescription complaint: Please Description oft Atuchememeommunionneman nee"ssary. + mall telemarketing, internet, etc.) complaint: car, order, PAYMENT INFORMATION Have you pold forthe product or service? already . (Check One) Yes O No O PartialPurchase O Amount inDispute: $ Cash O Check O Credit Card O Money Order Method of Payrnent: (Checkoney f UESTING refund, credit,exchange or rebate) DESCRIPTION OF RESOLUTION YOU ARE REQ (e.g., PL ASE READ THE FOLLOWING BEFORE SIGNfNQ BBLOW Mr Ialee nIs foggdunderstand thatthe Ohdston ofConounter Protectiottisattempting to meanate eny complaintc legalrightsorresponsiblittised thould contest1sprivate sttorney I INumby atdhops if I have any questions conderning my CensumerProtection to work with thesppropffate governsberstand peltrate sealer antitieson styinher, Inclustri Inin of appropriate clocuments, toalternptto 598o194 plygSepute, t have toigne flic chjection contents fuquesting arMLreylpzing eamplaint forwarded tothe businese or servics person the complaintis directed egalpst, I undesolandthis ifaculnent timing sub)actEtodisc underthe F of Information shove is trueand amputate As thebest ofgiy , Return to: NYS Deportem@of DivislogrorConsumer Protectkm Copounter AssistanceUnit C https·//mail.google.com/mail/u/0/#sent/Ktbxl.zFvSftkfsVGBchmxxHGcbVJHxkLdB7projector=1&messagePartid=0.2 1/1 10 of 11 INDEX NO. 50325/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2022 TERMS AND AGREEMENT TO THE PATRON: THIS IS A LEGALLY BINDING AGREEMENT. You may wish to consult your attorney with respect to the provisions herein: YOUR LIABILITY HEREUNDERIS TO YOUR DEPOSIT. NOT LIMITED 1. The lessor agrees to perform the catering service and provide theand lessee agrees to pay for the same as facility indicated on the front of this agreement. 2. Lessee shall make a deposit of 20% of the total amount due upon the of this agreement. The deposit shall be signing non-refundable. In no event shall the deposit be less than S3,000.00. 3 Fullpayment of the price mdicated on the front page plus amounts due on account of menu changes, any additional guests, etc., shall be due no later than fourteen (14) days prior upgrades, additional to the scheduled function date. All payments must be made by bank or teller's check or in cash. 4. In the event payment is not made as described in Paragraph notice to lessee, lessor shall have the 3, upon written . absolute right to declarc this agreement canceled by the lesseeand retain lessee's deposit, plus any additional payments. In no event shall lessor's retention of the deposit relieve lessee from additional hereunder. hability 5. it is understood between lessee and lessor, that the cancellation by lessec for any reason whatsoever, shall be a breach of this agreement and shall entitle lessor to payment from 1csseeof lessor's loss. Lessor's loss shall be an amount equal to the agreed price increases subsequent to this agreement) minus the lessor's total expense it would (mcluding have incurred in providing the service hercin. Lessee shall be entitled to deduct paid to lessor and any sums previously any amount recouped by lessor if lessor is able to rebook the scheduled function cancellation herein. Any is subject to a 25% surcharge of the total value of the contract between the lessee and lessor. Cancellation occurs only upon written notice from lessor by certified ma11only. IN NO EVENT SHALL LESSEE'S LIABILITY UNDER THIS PROVISION BE LESS THAN ITS DEPOSIT PLUS ANY PRIOR PAY MENT MADE HEREIN. 6. Any postponement by the lessee for the contracted date of the event will be subject to a 25% surcharge of the total value of the contract. 7. Lessee shall be responsible for all of 1cssor's cost and expense,reasonable attorney's including fees, to enforce the provisions hereof and/or collect any sums due. S It is agreed that an afternoon functionterminates at 5 PM and an evening affair at 12 midnight unless otherwise arranged. 9, Lessee agrees to be bound by and governed by reasonable rules and refutations of the management behavior and conduct of the lessee and guests in the leased premises. concerning Management reserves the right to remove persons from the leased premises that management deems ob,gectionable withoutany responsibility thereoftolessee. 10. The lessee agrees that it will take good care of the fixtures, furnishings and other personal and appurtenances in. The room rented herein and will property neither permit nor suffer any waste, or damage and further injury agrees thgt upon it will leaving, quit and surrender the ruom in as good order and conditionas it was at the of the term and agrees to be responsible for any damage caused by it, its members and its beginning guests. Lessee further indemnifies and holds lessor harmless from as a result of injury any liability or damage caused by lessee, its members, inviteesquests, to persons or property. etc, .. I1.Thiscontract cannot be assigned by the lessee without the express kritten consentof lessor, I2.In die event lessoccannot completethis agreement for any reason its l'ability wha{soever, shall be to retum the deposit plus any additional sums paid hercunderand shall betunder no further obligation to lessee 13. The lessee represents that are offull hc/she/they legal age. 4. The lessee is responsible o general ability o 15. The lessor reserve he b o 1 . In the eynat of a 4mput; pa ig usually agre to to 11 of 11