Cheated by a vacation club
Saba
(Querist) 20 January 2016
This query is : Resolved
Please guide me with list of Sections in IPC to cite as proof on grounds of Fraud / Mischief / Cheating and Perjury. I am aware that the sections applicable are 425,420 and 191.
Here is my issue: on 2nd Jan 2016, we received several calls from Country fitness club to come n collect the gift voucher which we won in some lucky draw. Upon reaching their location, they made us to sit for a presentation to demonstrate us about their vacation club. The agent informed us that the membership is Refundable only with-in cooling period of 45 days of purchase in case if we did not like their services. The membership price was Rs 1,31,240/- which we had paid by credit card and cash both. Within 10 days we discovered that this is a fraud firm and there are several complaints about the company on internet. Hence on 15th Jan 2016 we planned to cancel the membership and mailed to the customer care cell of Country vacations. We tried reaching their customer service executives also and they said we can't cancel membership and its not refundable.
Points:
- Wrong information/ misleading customer at the time of demonstration and purchase
- False promises with respect to service and agreement
-Membership is not yet approved from their Hyderabad headquarters and we have not yet received our membership cards also. Still they say it can't be cancelled
- We have raised transaction dispute in Citi-bank regarding the Rs 97000 which we paid through credit card and it will take 50 days for investigation.
I require the sections of IPC and The Indian Contract Act, which I can cite for claiming my amount back from this Fraud Company. It will help in the investigation of Citi bank and will be beneficial in getting us the refund from Country vacations
I came to know that no firm can say that the paid amount is non-refundable because it is against th interest of consumer and what if the consumer is not satisfied with the product. I'd like to know if there is any section to justify this point.
Also, any kind of helpful tips in this regard are most welcome.
V R SHROFF
(Expert) 20 January 2016
FREE GIFTS ARE VERY COSTLY.
WILL TAKE YEARS TO GET FEW THOUSAND RUPEES ..
IT IS A CHEATING TRICK GOING ON FOR LAST 25 YEARS..
ONE MUST CHECK BEFORE ENTERING THEIR SHOW...
THEY CALL IN COUPLE// USE TACTICS/ CHEAT..
YOU CAN USE VACATION CLUB QUICKLY AND RECOVER / ENJOY ... AS MUCH AS POSSIBLE.
Rajendra K Goyal
(Expert) 20 January 2016
You have been trapped through this old method.
Send registered notice for discontinuous of membership as promised and refund of your money.
Can file consumer complaint.
You can lodge FIR for fraudulent act if any after discussion with your lawyer.
discuss with local lawyer and show him all related documents.
Kumar Doab
(Expert) 20 January 2016
Did you record the calls and did get the copy of presentation and promotional brochure?
Do you have copy of membership form/offer made to you?
Did you sign any papers?
Did you narrate the history in your emails?
If NO your only stand is that the membership is not still enrolled.
If you are not getting any answer escalate to the MD of the company and consult an able counsel ASAP.
Guest
(Expert) 20 January 2016
Well Advised by above Experts.
Saba
(Querist) 21 January 2016
Thank you very much for all your kind advises. Its been 20 days till now and we have not yet received any membership card or starter kit as well. When I inquired from their customer care executive, they said membership is not yet approved from their head office in Hyderabad. I am already communicating with them through mail, and I have sent the mail chain to Citi bank grievances also, to help them in the investigation of dispute. I have raised a transaction dispute in Citi bank regarding the transaction which I made to this fraud company. I hope it helps.
