No party, but still no refund for some

December 22, 2009 8:54:12 PM PST
Decked out for the holidays, Tavern On The Green now plays hosts to hundreds of party goers enjoying the festive season. Six weeks ago, though, on Halloween it was a nightmare as more than a thousand very unhappy people waiting for hours in the rain were shut out of a party they paid for.

"I bought 20 tickets. That was worth a thousand dollars," said Matt Allen.

Allen and David Oberdorf now endure the frustration with hundreds others trying to get back their money as promised by party promoters, Alex and Leo Entertainment.

"They don't answer e-mail. They've just got an automated response. The cell phone just goes with an automated message. So basically they just disappeared," Allen said.

"It's been six weeks. They said it would be four. We'll see," said Oberdorf, who is out 540-dollars.

But as they wait, Allen and Oberdorf now suspect the party was oversold from the start.

The tickets were apparently numbered sequentially. We found one numbered close to five thousand.

A spokesperson for Tavern On The Green told Eyewitness News the promoters have rented the facility before and should have known this many people would not fit.

"Our capacity is our capacity. It's 2350. We're very aware of that and so are the people that did this event," said Shelly Clark of Tavern On The Green.

Oberdorf, like Allen, purchased tickets directly from the promoters -- face to face.

One of his tickets numbered as high as 3,046, nearly 700 more than Tavern's capacity.

"Two days before that concert we're getting tickets that shouldn't have been out there. That should have been a warning signal right there. I don't know what to think. I just know I am out a fair amount of money," Oberdorf said.

Money that now appears will not be coming back.

Alex and Leo Entertainment, according to a company attorney, is insolvent.

"There is no money left," he said. "Those requesting money up to this point and have not received it, will not be receiving it.

"Probably more than half of those who purchased tickets have received refunds," he said.

He cannot say exactly how many were reimbursed.

As to whether the concert was oversold, the attorney said, "It simply is not true that the event was oversold without knowing the exact number of tickets sold."