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Author Topic: Country club membership fraud with my parents  (Read 75 times)

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Offline KaviS

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Country club membership fraud with my parents
« on: December 31, 2017, 01:26:26 AM »
Hi,

My parents bought Country club membership approximately 3 years back from their Outer ring road, Bangalore office. Being new to the city, they were unaware of the scam/fraud. We want the cancellation to be done and my parents money returned.
Details:
They told my parents that the membership would be beneficial to them as the entire family (children) can also use the membership. The offerings they mentioned were free accommodations in any of the resorts and hotels, free breakfast, dinner, free pickup and drop to airports and sightseeing, free beauty salon and spa services and many other offers etc. They specifically mentioned that we only need to pay for taxes and nothing else, and that the kids(us) would also be able to avail the services.

They also mentioned that my parents could cancel the membership whenever they want and full amount would be refunded. When my parents wanted to speak to me over the phone about this, the agent wont leave their side and later would not let me speak to them. They tricked my parents to pay a sum of Rs 1 Lakh to them (My father used debit card for payment) before even signing the agreement. I had to no idea what was happening

Later on when I came to home, they told me about the membership and on reading the agreement I found out that only the spouse(parents) can use the services and not anyone else in the family. Since they don't travel much the membership was of no use to them and we decided to cancel it. On calling their sales representative, they reassured that anyone in the family can use the services. However, later on we figured that that was not the case and I asked my father to get it cancelled.

After many attempts to reach the person, the same sales representative told us that cancellation can only be done after an year and meanwhile we use the membership. My father decided to wait for an year and then cancel it. The reason to do so was no extra charges were to be paid.

My parents moved back to hometown after a month. Later we tried tried to book their resort/club, we were told that they stay can only be for the parents and that we would have to pay the charges as well. Turns out the promise that we only need to pay the taxes on stay was a lie. My father contacted country club and were also told that if we use the services some money would need to be paid by us. My father decided to go for immediate cancellation. The same sales representative this time told that cancellation is not possible and that they can transfer it someone else for us. Once membership is transferred, they would pay the entire money along with the interest. My father agreed to that.

I was not aware of things that happened in between and later on. But it has been 3 years now that he has been chasing these people. They don't respond or keep telling the lies. The problem is I told my father to get  these assurances in writing but the person never responded. Today he got another call from them asking to pay some money after which I have come to know about the entire ordeal.  We want the cancellation to be done and my parents money returned.

What are the steps we can take?

Offline kalaskarkk

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Re: Country club membership fraud with my parents
« Reply #1 on: January 01, 2018, 09:07:25 AM »
Dear Sir,

Yes you are entitled for the refund for various false promises.First we have to issue legal notice then file a complaint before District Consumer Forum. If interested you may personally approach me.  In the similar circumstances the Hyderabad District Forum allowed.


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Complainant alleges deficiency of service and also company’s refusal to cancel her membership

The District Consumer Disputes Redressal Forum-ll, Hyderabad, on June 9 directed Country Vacations to pay Rs. 1,20,000 along with 9 per cent interest on it from the date of the order till date of realisation to a customer. The order was passed by the forum based on a complaint from one Jayashree Ganguly, a resident of Begumpet, who filed a petition stating that Country Vacations — a division of Country Club (India) Ltd — had offered her a lifetime membership for a fee of Rs.1,30,000 in 2012.

The company had said that she could avail a seven-day/six-nights holiday in any of its resorts and hotels in India and abroad, Ms. Ganguly wrote.

Ms. Ganguly also said that the company personnel had informed her that she could cancel the membership with a five per cent deduction, and that she would be given free function halls five times a year in Country Club and its affiliated clubs.

However, in 2013, when she wanted about 10 rooms in the Cool Club, Begumpet, to conduct a wedding, she could not avail them. Later, her efforts to cancel her membership, and take her money back went in vain, she wrote.

In its response Country Vacations denied Ms. Ganguly’s claim, and said that an agreement had been signed by her, fully knowing all the facts mentioned in it.

It stated that the membership fee is non-refundable under any circumstances, as it is not a deposit, and was clearly mentioned in the agreement. The company also said that it had not promised to give her rooms for free, and had only asked her to pay the required taxes for them, which she failed to do. After putting forth all the evidence, the forum said that merely signing an agreement is not tantamount to a person knowing all the contents in it, and said that the plea of Country Vacations cannot be accepted. Ruling that the company would need some amount for development of its business from the Rs. 1,30,000 fee given by Ms. Ganguly, the forum deducted Rs.10,000 from it, and asked Country Vacations to give back the remaining, Rs. 1,20,000 to the complainant.

Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003. Karnataka.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com

 

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