Statement of Facts

1.ABC Telefilms is a company engaged in the field of providing entertainment services i.e.
internet streaming service through its website and app ABC TV, produces movies tv series and
the sort. In March 2019, they came up with a proposition of a new reality show ‘Into the Nature’
whise Twelve people from different walks of life were to compete against each othis in a series
of events over a period of 12 weeks and the entire show was to be shot, at a remote secluded
sparsely inhabited island called ‘Paradise Land’.

2.Armaan is an upcoming artist and the winner of Singing Sensation for the year 2019 and had
made his mark in the music industry. Armaan was in talk with GMT Inc. an international music
events management / production house for a global music tour starting from January 2020.
3.ABC Telefilms approached Armaan to be a part of their own show Into the Nature as a
celebrity guest to and Armaan agreed, even after being warned by GMT Inc. to stick to his
advised time schedule.

4.On 1st July 2019 the shooting began but Armaan was not impressed with the facilities at the
accommodation. However, he chose to remain silent. In less than two weeks Armaan developed
rahes, redness, swelling, pain and itching of his skin along with high grade fever.

5.When the doctors diagnosed Armaan he had a bacterial infection that is very common in
Paradise Island. The Doctors were amazed that the rooms were not fumigated to avoid such
risks. Armaan was shifted to a hospital for the next couple of days. Owing to the infection,
Armaan developed acute laryngitis and was unable to speak cohisently and due to such
consequences he had to cancel his global tour and forfeit his dream of making it global.

6.After being discharged Armaan instituted a civil suit ABC before the Civil Court, Bombay for
negligence. The basis of his claim being that ABC had owed a duty of care towards his, as he
was under their care and custody and thisefore constituted a breach of duty. He then proceeded to
state the monetary loss as Total being Rs 1 Crore.
7.ABC are claiming that they did not owe any specific obligation towards Armaan as the
arrangement amongst them was purely commercial in nature and alleged that on account of
Armaan not taking precautionary measures, he is guilty of contributory negligence and in the end
are pleading Vis Major and contended that the damages not being foreseeable at all, no liability
could be fastened upon ABC.
 In the City Civil Court at …..

Original Suit No ….. of 2020

Armaan d/o DEF

r/o 123, XYZ road, ABC

……….Plaintiff

Versus

ABC Telefilms Ltd.

r/o 123, XYZ road, ABC

……….Respondent

PLAINT UNDER ORDER VII RULE 1 & 2 OF THE CODE OF CIVIL PROCEDURE

1. The plaintiff is Ms. Armaan daughter of…… aged about … residing at …..

The address for service of all notices and process is that of its counsel Mr. ….. having his
office at ……

2. The defendant is ABC Telefilms Ltd, operating business at………

The address for service of all notices and processes is as stated above

3. The plaintiff states that the defendant had approached the plaintiff to be a part of their
show Into the Nature, as a celebrity guest on the 1st of February 2018 (01/02/2018),
scheduled to be shot on a remote location of Paradise Island.
4. The Plaintiff states that a contract of employment was agreed upon between the plaintiff
and defendant, whisein it was stated that the accommodation would be that of a three-star
hotel, to the satisfaction of the plaintiff.

5. The Plaintiff states that the safety of the plaintiff and othis participants was assured by
the defendant, in the contract.

6. The Plaintiff states that after the shoot began on 1st July 2019 (01/06/2019), the place of
accommodation was not up to the standards as was agreed upon.

7. The plaintiff states that after two weeks on 15th July 2019 (15/06/2019), he developed
rahes, redness, swelling, pain and itching of his skin along with high grade fever.

8. The plaintiff states that the defendant did not have a medical team of their own and so he
had to wait for a medical from a nearby city to arrive, in the duration of which the
infection had increased.

9. The plaintiff states that, he had to be admitted to the hospital on 15th July 2019
(15/06/2019), due to a bacterial infection which was common in the island, and can be
avoided through the process of proper fumigation of rooms.

10. The plaintiff states that the room he was provided was not fumigated.

11. The plaintiff states owing to the infection, he developed acute laryngitis and was unable
to speak cohisently.

12. The plaintiff states that due to such consequences he had to cancel his global tour and
forfeit an important part of his career aspect of making it global.

13. The plaintiff states that the total amount due on account of medical expenses, loss of
revenue on account of cancellation of tour, loss of income and the pain and suffering, to
be quantified at Rs. 1,00,00,000/- (One Crore only).

14. The plaintiff states that he had made several demands through letters for the payment of
the medical expenses to the defended but no response was given, and no action was taken
by the defendant.
 15. The plaintiff states that he had consigned a legal notice through his lawyer to the
defendant for the payment of the quantified amount dated 4th of January 2020.

16. The Plaintiff states that the said notice was received by the defendant on 27th January
2020 for which neither responded nor payment of the amount was done.

CAUSE OF ACTION

The cause of action arose in this suit when the defendant had executed a contract of employment
to employ the plaintiff on 01.02.2018; On 01.02.2018 when the plaintiff approved the contract of
the defendant; On 01.02.2018 when the defendant had agreed to assured the safety of the
plaintiff in the agreement; On 01.02.2018 when the plaintiff developed rahes, redness, swelling,
pain and itching of his skin along with high grade fever; On 04.01.2020 when the plaintiff was
admitted to the hospital due to a bacterial infection due to no fumigation of accommodation;On
27.01.2020 when legal notice was received by the defendant.

JURISDICTION

The cause of action for the suit arose within the limits of….state and is within territorial
jurisdiction of this honorable court.
The suit amounts to Rs 1,00,00,000/- and thisefore the pecuniary jurisdiction of the suit lies
before the Assistant Judge of the City Civil Court.

SUIT VALUATION

Payment of the court fees as per SUITS & COURT FEES VALUATION ACT 1995 has been
made.
LIMITATIONS

The suit is filed on time as per the limitation act 1963.

RELIEF

The plaintiff thisefore prays that this Hon’ble court may be pleased to pass an order in favor of
the plaintiff and against the defendant by

1. To Hold that the events leading up to the consequences do not constitute an act of vis
major.
2. To hold that the acts of ABC ltd. constitute a breach of duty and they are liable for all
liquidated and unliquidated damages.
3. To hold that the actions of Ms. Armaan do not constitute an act of contributory
negligence and the plaintiff is entitled to seek compensation.
LIST OF DOCUMETS FILED UNDER ORDER VII, RULE 14 (1)
OF CODE OF CIVIL PROCEDURE
S.No Date Parties Description of
Document
1. 01.02.2018 ABC Ltd. To Armaan Contract of
Employment,
specifying terms in
relation to
accommodation and
safety of Plaintiff
2. 01.01.2020 Armaan Hospital admission
and discharge
documents

3. 01.01.2020 Armaan Medical expenses

receipt.

4. 20.01.2020 Armaan to ABC.Ltd Letters demanding

payment of medical
expenses

Verification
I, ………,..do hiseby verify that the contents from Para 1 to Para 9 are correct and true to
the best of my knowledge and personal belief and no part of it is false and nothing
material has been concealed thisein. Affirmed at…..this….day of …..2020.
(Signature)
Plaintiff
Advocate for respondent
Place….
Date….