[Resolved]  Club Mahindra Holidays — Refund Issues/ Non Explanation of Cancellation Policy

(Membership no[protected]

Club Mahindra executive contacted me in the month of August/ September 2020 regarding the Club Mahindra timeshare product. He explained me the product details. He was very gentle and prompt, but " THE CANCELLATION POLICY WAS NOT EXPLAINED" at all. After the discussion we zeroed down to the White Studio membership and I payed the down payment on the 8th September 2020. Later After few days I got a Validation call from Club Mahindra in which my personal details were asked but "THE CANCELLATION POLICY WAS NOT MENTIONED and obviously not EXPLAINED".

Now due to some financial constraints which hit me in the Covid Pandemic (so did it hit millions in the world), the membership became a taxing affair for me and I searched for a cheaper alternative and came across the Club Mahindra GoZest membership. So I contacted the executive and requested for getting my existing membership converted to the GoZest membership and in this regard I mailed him a request on 22nd October 2020 which was supposed to be forwarded to membership experience portal. After days of getting no reply from CM executive, I decided to directly mail the pune office executive (membership experience portal) for the same and had brief exchange of mail in which he denied my request and subsequently denying my cancellation request and stating it as non refundable..

Now coming to the membership experience portal executive reply ""In this membership, you had opted for a 10% DP and 48 EMI Plan, in which we have received Rs. 31, 340/- payment which is 10% of the membership fee payable. As the same is less than 60% (Admission fees), this amount stands non-refundable as per membership clause 8.2 of the membership.""

1) How would a customer know your cancellation and other policies when he is not being presented it in person or on paper or verbally? So practically and technically I have not entered into an agreement nor I am a signitory to your terms and conditions.

2) How does a validation call can prove I am in agreement with your terms and conditions when they haven't explained it in detail especially the cancellation policy?

3) Even The membership kit you couriered me didnt had any leaflet of the terms and conditions so how am I supposed to know.

AND in which of our conversation or documentation this "CLAUSE 8.2 WAS DISCUSSED"?

4) Now for The example the Pune executive quoted to me, I have payed a Down payment or say a advance for your product which I haven't used yet and was supposed to use it from July 2021 as mentioned on the membership card. So for a service of which I haven't used a single percent how am I supposed to loose all the down payment or say a advance. Will your UNSIGNED policy stand in legal jurisdiction.
MY CASE STANDS WELL IN THE CONSUMER PROTECTION ACT (CPA) SECTION 48, SECTION 51 AND SECTION 68.
5) Initially I simply requested them for an exchange and not a cancellation. Exchange of a unused product is acceptable in the whole world. Why on earth CLUB MAHINDRA is denying that they cannot exchange. Every system does have a bypass or they can have one to retain and satisfy their customer.

The fact of non refundable amount is totally unacceptable and I would have to access my legal rights through proper channel. I requested them to cancel my membership with a acceptable10-15% deduction or simply convert my membership to GoZest.

I am expecting a positive feedback and expect a linient and practical approach from their side. Once again " It is better to retain a customer than loosing one"