[Resolved]  Club Mahindra Holidays — Cancellation and thus refund of Club Mahindra Membership and not explaining cancellation policy

I purchased the Club Mahindra white studio membership in March 2021 after attending a seminar conducted by Club Mahindra. The executive explained the product details in detail and was patient enough to answer my queries. He was very gentle and prompt while selling the membership, but " THE CANCELLATION POLICY WAS NOT EXPLAINED". So, we zeroed down to the White Studio membership and I paid the down payment. Later After a few days, I got a Validation call from Club Mahindra which also " THE CANCELLATION POLICY WAS NOT MENTIONED and not EXPLAINED”.
After a year after paying several installments, in August’2022 I decided to go on a holiday with my family but I was not able to book the rooms because of the waiting period I bought the membership for a family of 5, and club Mahindra wants 5 people to fit in a single room and in case I book 2 room, they charge us 2 nights, limiting my total vacation to 3 days except 7 days. When I called customer care I was told that it is only for a few hotels but to my utter shock that was not the case, they charged me for 2 nights whenever I tried booking 2 rooms at every place.
I would like to cancel my membership because:
(a) I had taken the membership considering I can visit most resorts as per my wish and as per my children's holidays. Whenever I try to book a resort, I find most of the resorts filled. I cannot go on holiday when my children have school days however, I was not aware of this fact as I was misrepresented by a Club Mahindra sales representative.
(b) Whenever I try to book a resort for my family of 5, I get charged for 2 nights out of the available 7 nights. I have a family of 5 members and definitely, we all cannot adjust in a single room. While purchasing the membership I cleared all the facts to them and the executive told me that I’ll be given 2 rooms and 7 nights annually but that’s not the case, I get charged 2 nights limiting my vacation to 3 days.
(c) I have paid a total amount of more than 2 lakh rupees to Club Mahindra including ASF but I do not find any utility in taking such membership as resorts are never available when required, resorts are very far-off and compared to other such resorts available online through Make My Trip, the fee charged is too much.
It is my sincere desire to surrender the Membership and get a refund in this respect. When I received a call from the club Mahindra executive regarding the cancellation of my membership, he spoke to me very rudely, the club Mahindra executives are sweet and generous while selling their membership but the moment you buy the membership they stop answering your calls and behave rudely.
Now coming to the reply of the executive “Further we also like to draw your attention to the membership rules, Clause No 8.2 about the cancellation of the membership.
Regret that there would be no refund towards cancellation of your membership as per the above clause.”
1) How would a customer know your cancellation and other policies when he is not being presented it in person or on paper? So practically and technically I have not entered into an agreement nor I am a signatory 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?

I hope you must be tens and hundreds of policies that cannot be explained and approved telephonically.

3) Even The membership kit you couriered me does not have a leaflet of your terms and conditions so how am I supposed to know?

So in which of our conversations or documentation did this "CLAUSE 8.2 WAS DISCUSSED"

4) For The example you quoted, I have paid a Down payment or say advance for your product which I haven't used yet. So for a service of which I haven't used a single percent how am I supposed to lose all the down payment or say advance? Will your UNSIGNED policy stand in a legal jurisdiction? If I haven’t used your service then why would you not return my money?

MY CASE STANDS WELL IN THE CONSUMER PROTECTION ACT (CPA) SECTION 48, SECTION 51, AND SECTION 68.
The fact of a non-refundable amount is unacceptable and I would have to access my legal rights through the proper channel.
I also desire to resolve the matter amicably failing which I may decide my future course of action including legal recourse against the Company in an appropriate forum.

Request your revert in this context.

Sincerely,

Jogesh Kumar
Membership id: 2944809