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renuverma (advocate)     07 December 2012

Holiday club membership - consumer complaint or conract

kindly provide me with a case law

facts are - this is a hotel, it is having a membership for families package - a member after payment of downpayment and confirmation by letter of the formalities of becoming a member - denies to pay any amount further - there was a clause in the contract agreement or the membership form - if a person wants to exit apply with 10 days of registration - member wanted to exit after some 30 days - hotel denied

consumer case filed against the hotel, for deficiency of service - as per the hotel no refund possible after lapse of 10 days of time.

kindly suggest some cases in favour of the hotel 



 5 Replies

Ranee....... (NA)     07 December 2012

i think nothing will help you if you have sign contract

1 Like

ajay sethi (lawyer)     07 December 2012

10 days time is reasonable time period if an member wants to return the membership . in the present case member infrmed after 30 days . hotel should be magnamious and return the down payments made by the member after making some token deductions .

1 Like

Kumar Doab (FIN)     07 December 2012

As advised by Mr. Sethi steer the negotiations and accept small token deduction and collect balance and walk out smiling and leave them smiling. This shall be the quickest and easiest solution.

1 Like

renuverma (advocate)     08 December 2012

the case has been filed as a consumer case

i am saying that he is not a consumer at all - the dispute if any is a contract dispute - a civil suit ought to have been filed

need case laws regarding the same

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 December 2012

How is it that Adv. renuverma says that a consumer case has been made, but then says that it is a civil case and not a consumer case. Anyway, this is very much a consumer case. Holiday for family is  a consumptive expenditure and hence the person, who pays, is a consumer. But he/she does not have much of a case here. However,  one should go through the entire terms and conditions, to see whether a case for "Unfair Trade Practice" can be made.

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