[Resolved]  Club Mahindra Holidays — Cancellation Policy and Terms and Conditions Not explained

Club Mahindra executive contacted me in the month of August/ September 2020 regarding the Club Mahindra timeshare product. He explained me the product details in detail and was patient enough to answer my queries. He was very gentle and prompt, But " THE CANCELLATION POLICY WAS NOT EXPLAINED". So 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 also " THE CANCELLATION POLICY WAS NOT MENTIONED and obviously not EXPLAINED".

But due to some financial constraints which hit me in the Covid Pandemic, 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, I decided to directly mail the pune office executive 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 pune 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. 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.

I hope you must be tens and hundreds policies which 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 conversation or documentation this "CLAUSE 8.2 WAS DISCUSSED"

4) For The example you quoted, 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 you 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.

6) Even when I applied for cancellation I meant to re register for your product only.

So I think if you take the matter and above mentioned things in consideration, things can be worked upon from your end.

The fact of non refundable amount is totally unacceptable and I would have to access my legal rights through proper channel.

I would again request you either you cancel my membership with a acceptable10-15% deduction or simply convert my membership to GoZest.

I would like to mention that Mr Devashish, Mr Sameer and Mr Mayur, you people were really polite and prompt in responding to my request and queries. I understand that you are bounded by your company's rule and regulation and have limited authority at your end but having said that the policies does not stand in my favour and I have the right to voice it out. Surrendering my hard earned money is not at all an option and ethically even the company should not forfeit customers money for a unused service.

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