Recovery of advance money given to marriage band

amit (Querist) 11 April 2015 This query is : Resolved
A ‘Heena Marriage Band’ was booked on advance of Rs.7000/- by ‘Sunil’ on his cousin brother’s marriage ‘Ajay’ on 22 Feb 2015, at Ambala Cantt. On the evening of marriage the said ‘Marriage Band’ has not reached the place of venue and band persons ran away from the place of meeting point where ‘Sunil’ and owner of said marriage band have decided to come and gather, whereupon a ‘Invoice Receipt’ has also been issued to ‘Sunil’ by the owner of Heena Marriage Band, while giving advance money of Rs.7000/- and the rest amount of Rs.20000/- shall be paid after the marriage function.
On the same time, after a long struggle and arrangements, some another person’s Bawa Marriage Band was organized on the spot to save ‘Sunil’ and ‘Ajay’ s’ reputation apart from fulfilling the requirement of the marriage function of ‘Ajay’.
Thereafter, ‘Sunil’ contacted the previous Heena Marriage Band person at his office and ‘Sunil’ requested to return the advance money of Rs.7000/- which ‘Sunil’ has given him on booking of Heena Marriage Band. Since, he failed to fulfill his commitment and promise to come.

Q1. Who should be the plaintiff / complainant in this situation, ‘Sunil’ (Advance money given/booked by Sunil) or ‘Ajay’ (Marriage Person)?

Q2. Whether, Sunil or Ajay can file suit for the recovery of their advance money? Or Who can file case against the said Heena Band ?

Q3. Can a ‘Criminal’ Complaint or ‘Consumer’ Complaint file against him? Including mental agony and Defamation (which could be possible if another marriage band had not been arranged on spot at that moment)?

Q4. Under the said circumstances above, one should go for which jurisdiction, Civil, Criminal or Consumer Jurisdiction ?

Q5. Any other remedy or way to recover advance money?

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