Club Mahindra Holidays — complaint

Address:

Chennai, Tamil Nadu

We are requesting for termination of membership due to death of co applicant, my wife and my self ill...but club mahendra is delaying and harrassing me by sending ASF notices in liew of termination.(please see my attached submission)

Please find my pleas as under...

Re CLUB MAHENDRA MEMBERSHIP NO285761 –SUDHIR KUMAR JAIN and Co applicant RASHMI JAIN

Synopsis of case…..

1.1) We got membership wef 1.10.07 till 30.9.32.
After availing club facility for 2 years, my wife fell very ill .
There after we requested to terminate the membership or transfer to some willing members by club at discounts. However the club neither terminated the membership as per our request nor transferred to any new member at discounts and continued to send us ASF bills.
1.2) Since my wife was ill and I could not go to resorts leaving her alone at home, we could not have used membership for genuine reasons. Also in our family we had a teenaged daughter only as the family ( her DOB is 29.5.96.to authenticate genuineness) .
My wife, Rashmi jain ( co applicant) expired on 24.4.2013, after remaining in coma for few months in escorts Hospital Delhi. There after I again requested club Mahendra to terminate my membership as I can not avail the benefits. In jan 2014 I got operated in my right eye due to retina got detached .
1.3 After my eye retina operation again I requested club to cancel my membership as there is no one to use .They kept asking me to find some one to transfer it and kept sending accumulated ASF bills .This was disturbing me too much as the high handedness and not being reasonable with a genuine death of a co applicant /and incapacity of the other member to avail member ship benefits.
1.4 No action was taken by club towards termination of membership and refunds to me and they continued sending the ASF accumulation notices for 7-8 years after 2009/2010, which further disturbed my already troubled state of mind for years .(termination is specified in clause 6.2 of membership rules.)
Thus I have approached to get the remedies and justice to your good self.

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2.0) Details of the case…..
2.1)As per clause 5.1 of applicable club mahendras membership rule 1-1/10-05
Following is stated
Quote … A member shall pay ASF In advance for the year within such time as stipulated by MHRIL from time to time. Unquote

2.2) As per clause 5.2 of membership rule following is stated..
Quote
A member cannot avail of his/her/it Holiday Entitlements Unless the ASF is paid in full.
Unquote

2.2 a) As per clause 5.5 it is stated
Quote…the ASF Is payable even if the member does not avail his /her/its holiday during a particular year and the member specifically agrees to the same
Quote
Note …The rule 5.5 fully contradicts rule 5.1 and 5.2 given in point 2.1 and point 2.2 above and is thus void/voidable as per law.Any rule which violates /contradics other set of rules in the same category, should be declared as null and void .(pls ref points 2.1, 2.2, 2.2a above.)

2.3)As per clause 6.1(b)…
Quote…
In the event of termination of CMHM by MHRILor the member shall be entitled to the refund of the EF paid after deducting the amounts set out in clause 6.2.The member shall not be entitled to any refund of the AF.For the sake of clarity, the membr shall not be entitled to the refund of any service tax that may have been paid by MHRILin connection with the CMHM.…….
Unquote.
2.3a)as per rule 6.2 following is stated about EF/ refunds..

QUOTE..
6.2 …Upon termination, the following deductions shall be made by MHRIL from the amounts paid by the Member towards th EF…
a)Pro rated EF for the period (in years)from the start of membership usuage period to the date of termination .Part of the year shall be treated as full year for the purpose of calculating the deductions .
b) outstanding ASF together with interest if any .
c)taxes due
d)cost of holidays enjoyed by the member in excess of entitlement .
e)any other amount(s) due to MHRIL .
2.4)As per clause 1.5 of said rules, following is stated….
Quote
Membership fee means total fee payable towards CMHM as per the price structure fixed by MHRIL from time to time and shall comprise of a non refundable one time admission fee (AF)for enrolling into a CMHM being 60% of the membership fee and an entitlement fee (EF)PAYABLE TOWARDS PROVISION OF ENTITLEMENTS(excluding those set out in clause 1.10)by MHRIL during the membership usuage period being 40% of the membership fee and includes taxes as applicable.
Unquote.

2.4 a) As per clause 2.3 of the club rules, following is stated….
Quote…
The applicant recognizes that the AF(Admission fee) is payable by himfor MHRIL’s goodwill reputationand brand equity and after having being satisfied before joining with the quality of the CMR’S, quality of service and facilities and is therefore not refundable under any circumstances.
Unquote.

2.5) clause 1.10 of the said club rules defines ASF as under…
Quote…Annual subscription fee (ASF)meansthe annual fees payableby a member towards utilities, upkeep, upgrade and maintenance of CMR and other services provided by MHRIL in connection with CMHM.
UNQUOTE.

2.6)As per clause 1.1 MHRIL is used for …Mahindra Hoildays and Resorts India Ltd.
CMH ….is used for …club Mahindra holidays.

2.7)As per clause 1.3
CMHM is used for …Club Mahindra Holidays membership.

2.8)As per clause 1.6 of said rules …
Term CMR is used for …Club Mahindra resorts
Item 2.9 ) following are contents of my Mail dated 26.3.2014 time 12.06 pm, sent to club Mahindra ….
Quote… Dear sir/Madam
Sorry to inform that my wife rashmi Jain has expired in 2013 after prolonged coma in escorts hospital.
subsequently in January 2014 I have suffered right eye retina detachment and under going lasers at Dr Shroff eye center kailash colony, delhi.Now I have only a minor daughter in my family and not likely to use my membership since I cannot visit any remote /hill station now.
Kindly cancel my membership immediately due to these circumstances so that occupancies do not go unutilized any more and refund money after all deductions urgently as per rules under death /incapacitation to go around places as per aggrement .
Unquote.

2.10 ) .
Mail dated 11.11.2011 time 12.17 hrs is quoted below …
………………………in case you do not get a willing new customer even at 50%, kindly treat my policy as cancelled without informing me as under no circumstances I can use it any more.
Unqute.

2.11 ) As per my mail dated 1.12.2011..time 12.23 pm…..
Quote…Dear SIR ….This is to authorize Club Mahendra to arrange for transfer of my membership to a prospective new member at discount and make refunds to me as admissible after deducting any processing fee/dues.
Un Quote.

2.12 )
Mail dated 12.6.2017. time 8.30 pm…
Quote….Dear Sir/Madam
Pls refer to my earlier trailing mails and please treat my membership as cancelled ………
Unquote..

Point 2.13) following is one of the mails sent to me ON 1.12.17 AT 5.17 HRS from club mahendra asking me to pay reduced amount of ASF THROUGH A TRANSFERRED MEMBERSHIP…..
QUOTE…
Dear MR jain
Greetings from club mahendra, thank you so much with your valuable time with us .In continuation with your mail and discussion with us dated today trust we have been able to resolve the concern raised to the best of our ability.we would like to inform that regarding your transfer of membership we have informed our respective branch team to connect with you and explain the process and transfer charges .As we already communicated via email earlier, below would be the best possible options in terms of waiver on your membership.
Unquote..

2.14) I had also written many other mails and also communicated on phones to express my request to the cancellation/transfer of membership due my genuine reasons and even expressed to treat my membership as closed ir respective of amont of refunds.However with no results, after pleading with so many years to decide
and hence I have lost confidence on club mahendra in helping my case, --action on which, is too much delayed now, I do not wish to dealy it for further for months and years like this…. and hence, I pray for your kind intervention at this stage .
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3.0 My contentions and pleas …..
Point 3.1) My request for termination/cancellation is as permissible per clause 6.1(b) of membership rule (please refer item 2.3 above for details.) a member can ask for termination without assigning any reasons as per clause 6.1b of club rule.There is no requirements of assigning any reason for termination whatsoever .
Point 3.2)Club Mahendra is sending claims for pending ASF DUES .
My contention is as under …. As per rule 5.1 …a member SHALL pay ASF In ADVANCE for the year (pls refer point ..2.1 above for details )
Also as per rule 5.2 ..a member cannot avail of His/her holiday entitlement unless ASF IS PAID..(Refer point 2.2 above.
This mean clauses 5.1 r/w 5.2 it is clear that if a member could not( or did not) pay ASF In advance and had not been provided with the club entitlements till advance is paid … in line with rule 5.2, there is hold up of club facilities ….…..
That clearly implies that, as long as the member has not paid the ASF in advance, he/she will be debarred from availing the holiday entitlement and that implies further that as and when the member is able to pay/pays that due ASF he/she will avail the holiday entitlement and, further ASF, will be payable only in advance, to avail the further holiday entitlement and so on…..as clearly stated in rule 5.1 r.w rule 5.2.That means ASF has to be always paid in advance and facility availed …there is no question and situation of paying ASF later and thus no question of arrears under no circumstances …if rule 5.1 IS TO BE HONOURED as it intends (ref point 2.2 above )
Point 3.3) Therefore question of subsequent ASF ( advance )is illegal as his/her holiday entitlements as per rule 5.2 are already on hold AND the intention of legislation in framing rule 5.2 clearly means that the membership entitlements will not be available any time ADVANCE ASF IS unPAID for the year .(refer point 3.2 above)
Point 3.4 ) once holiday entitlement is heldup if Advance ASF is un paid ..question of subsequent years advance ASF will not and thus should not arise .
So holiday entitlement is only against advance payment of ASF as per rule 5.1 r/w rule 5.2 and will remain on hold till that ASF is paid in advance .(reference points 2.1, 2.2 above)
There fore subsequent ASF in ADVANCE CANNOT FALL DUE and billing a member who is already put ON hold for benefits, Is arbitrary, unreasonable and illegal and an unfair trade practice.(PLS refer point 3.3 above)

Point 3.4a)the clause 5.5 of the said rules is in direct contradiction and against the intention of clauses 5.1 r/w 5.2 .
On one hand in clauses 5.1 and 5.2 together it is being said that if advance ASF in a year if not paid, them membership entiltlement will not be given…and immediately after that clause 5.5 says even if member does not avail his holidays, ASF will be payable ……..
Then what is the purpose of stopping the member from usage of membership benefits if ASF is not paid by him in advance and if he/she has to in any case pay ASF arrears ..….How could contradictory clauses 5.1/5.2 and 5.3 go together with in same set of club rules …. So the clauses are telling opposite things and make the rule void and voidable.(ref points 2.1, 2.2, 2.3 above).The clause 5.3 cannot co exist with rule 5.1/5.2 in same rules and either of them must go for proper validity of rules… …otherwise they are void/voidable rules.(ref oints 2.1, 2.2, 2.2a above.

Point 3.4b) ALSO clause 6.2 (b) contradicts points 5.1 r/w point 5.2 ….with clear reasononing that existence of clauses 5.1 and 5.2 does not allow any possibility of outstanding ASF WHAT SOEVER as as per rule 5.2 ASF is always payable in advance against membership usuage……so no advance ….no usage……so how it can be allowed to remain outstanding.!!!
(reference point 2.3a above and ref item read at the rule 6.2b)
Point 3.5 ) Sir, My contention is that Charges for AF (admission fee )as per clause 1.5 r/w clause 1.10 are 60% of membership fee. That means if in some case if the membership fee for an entitlement say RED two room is 5.0 lakhs, then out of it, RS 3.0 Lakhs is being taken as AF .(PLS REFER POINTS 2.4 R.W POINT 2.4a above. )
Also PLEASE NOTICE THAT As per rule 1.10, it is EVIDENT that AF (60% OF MEMBERSHIP FEE )is being charged for items such as ---MHRIL goodwill, reputation and brand equity …..THIS IS QUITE UNREASONABLE and against a fair trade practices and should not be allowed to be charged from customers.
As Charges of Good Will, brand, reputation etc are chargeable only while selling /transferring the ownership of brand, so it should not be allowed (ref point 2.4a )
Point 3.6 Club Mahendra income heads…… CLUB MAHENDRA Is CHARGING FOR ASF and EF to cover all their expense heads and AF (ADMISSION FEE)which is not covering any expenses heads BUT ONLY is being charged for its goodwill …how club mahendra is showing in Books needs to be investigated in line with fairness of trade …..or they have to charge this amount against some other additional head and not good will ….. !!!(ref point 2.4a r/w point 2.3, 2.4 above)
In addition to above point 3.6 Also it may be noted as under ….
a) for regular utilities/maintenance expenses of consumables etc members are being charged ASF In advance for usage as per clause 1.10, 5.1, 5.2 (refer point 2.5, 2.1, 2.2 above for reference )
b)and for the duration of member ship EF (ENTITLEMENT FEE )for entitlements of studio/one room/two room buildings etc …a proportionately EF(Entitlement fee is being charged as given in clause 1.5 r/w clause clause 6.1 (b)..(ref points 2.4 r/w point 2.3 )
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4.0 My submissions…

Point 4.1 that termination of my membership with refunds should be immediately done as per rule 6.1(b)…(reference point 3.1 r/w point 1.2 and 1.3 above )

Point 4.2) That no ASF should be charged while calculating refunds .
ASF is payable only in advance as per rule 5.2 and
Charging SUBSEQUENT Arrears for ASF is arbritrary and illegal and baseless and against the vary rules 5.1 r/w 5.2 of membership .
Only one ASF can fall due at any one time and till that is paid in adavance, member cannot use membership(as per clause 5.2….as ref in point 2.2 above .so there is no question of other ASF BEING ASKED IN ADVANCE or subssequenly (Rererence points 3.2 r/w 3.3 r/w 3.4 above)

Point 4.3 Charging of AF(admission fee )only on account of goodwill, reputation and brand name pf company (refer rule 2.3 as described in point 2.4a above), as 60% Of total fee charges is highly unfair and unfair trade practice.
GOOD WILL .REPUTAION, and BRAND NAME cannot be charged from customers in a fair market .these are allowed only in sale proceeds of companies .
To set various costs already ASF as defined in rule 1.10 payable towards maintenance/Utilities and other running expenses and EF chargeable and vary as per the main entitlements viz blue, white, red, spread over 25 years as defined in rule 1.5 r/w rule 6.1(b)r/w 6.2(a)

Point 4.4 AS my member ship should have been terminated after availing only 2/3 years, on my request and also non payment of advance ASF, My Refunds should include pro rata EF PLUS AF both along with prevailing interests .
No ASF should not be chargeable NOW after 8- 10 years which has to be only paid in advance if benefits had to be availed as per rule 5.1 r/w 5.2 (ref points 4.2, and point 3.4b above )
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5.0 It is thus prayed as under…….
In view of all the above facts and reasons, It is prayed as under….
Point 5.1 That my membership is duly terminated under clause 6.1 b of the said rules (reference point 4.1 above r/w 2.9 above )
Point 5.2 it is also prayed refunds please be made as per my submissions vide points 4.4 above and my resonings vide given in points 4.2 and 4.3 above.
The refunds may include interest @24 % for delays in refunds .Also a suitable compensation for harassments caused to me on part of club mahendra may please be accorded to deter them to repeat such things with other consumers.(ref points 4.2, 4.3 above)
Point 5.3 )ALSO IT IS PRAYED For benefit of all other consumers, Club Mahendra should be advised and prevented from charging ASF arrears which is against their own rule 5.1 r/w 5.2 with reasons given in point 4.2…that ASF is to be paid in advance against the facility ir the facility and there is no scope of its falling pending as the facility will not be given till ASF is paid in full in advance, the rule 5.2 loudly and emphatically says.! (ref point 4.2)
Point 5.4 club mahendra is making unfair trade by charging 60% as ADMISSION FEE in the name of their GOOD WIILL, REPUTATION, BRAND and not for the purpose of any expenses in maintaining the resorts as clearly reflected in their clause 2.3 of the said rules.
It is prayed that the same should be disallowed and club Mahendra should be prevented to continue this unfair act as Charging ADMISSION FEE for items such as GOODWILL, REPUTATION, BRAND amounts to unfair trade practice.
This should be part of entitlement fee EF, over membership period of 25 years and should be refundable on pro ratio basis . charged (ref point 4.3)As a fair trade practice admission fee cannot be more than 5-10 Percent of total fee of membership of 3 lacs or so as per the entitlements of BLUE, WHITE, RED, and as per apt sizes…taking admission fee as non refundable 60% is huge amount and is totally arbitrary and against fair trade practices and unlawful and hence should not be allowed buy the courts of justice I plead.
Thus please protect the interest of consumers from this on going unfair trade practice of charging 60% fees only for goodwill, reputation, brand and not to offset any expenses of company as given in rule 2.3 (refer point 2.4a above )

If AMOUNT OF charges of good will /reputation are allowed from customers, then there will be chaos and others like Hospitals, automobiles, telcom companies, hotels, airlines etc will start on similar lines and will charge and pocket 60 % from customers on account of Goodwill and from remaining 40% they will offer the services and goods!!!
Sir, Surely this is a case o[censored]nfair trade practices and should be immediately stopped in the interest of consumers, I so pray to your goodself .

Submitted and Prayed as above.