[Resolved]  Club Mahindra Holidays — justice against harassment & cheating

Address:

Bardhaman, West Bengal

Sub: Justice against Harassment & Cheating.

Ref: Club Mahindra Member ID -1664078


Dear Sir,

I have taken my approach before you for redressal for the following facts:-

1) In the evening on 20th Dec, 2009, I received a call on my Mobile from Mr. Prem (Mob. No. - [protected]) on behalf of Club Mahindra Holiday that I had won a lottery for 2 (two) night/ 3 (three) days free holiday package at Club Mahindra Holiday Resort on the basis of tie up between Club Mahindra Holiday & Hyundai Motors, India & the same would be given to me if I went to Rudra Hyundai, Asansol with my family on 21/12/2009 at 1:00 PM. Upon my query, he replied that the contact number had been obtained from Rudra Hyundai, Asansol & also told that this was being carried out for just advertisement of Club Mahindra Holiday & other Hyundai Car holders were also being called on.

2) I along with my family (wife Mrs. Sangita (Saha) Mandal went to Rudra Hyundai, Asansol at about 1:00 PM on 21/12/2009 & met Mr. Pradeep Bist, Head of the Representative team & his associate Mr. Arun Kumar. We got the following information at their desk:

i) We would be given 2 (two) nights/ 3 (three) days free holiday stay at Club Mahindra Holiday Resort only for accommodation & nothing else. That was the lottery, we had own.

Besides this, they demonstrated about various membership policies like Blue, White, Red & Purple & confirmed the followings: -

ii) Under Blue Membership –(a) Policy is for 25 years of an amount of Rs. 155642/- (b) Every year, there will be 8 (eight) nights/ 9(nine) days holiday accommodation in addition to Rs. 3000/- food voucher along with site seeing & all amenities available at their respective 5 star Club Mahindra Holiday Resorts absolutely free of cost in India & abroad during any time in a calendar year except from 25th Dec to 1st Jan. (c) A member can be able to avail the same with other family members subject to maximum 4 adults. (d) Number of days in a calendar year can be advanced beyond 8 N/9 D based on the condition that extra number of days will be subtracted from the ending year i. e. 25th year. (c) On payment of 10% of Rs. 155642/- i.e. Rs. 15564/- one will be able to become a member of Club Mahindra Holiday & rest amount either can be paid in single term Or on EMI over a period of 60 months without having any interest. (d) If a member did not pay or discontinue paying EMI, his/her membership will be cancelled, but based on the payment of 10%, member will be able to avail 8 (eight) nights/ 9(nine) days holiday accommodation with Rs. 3000/- food voucher, site seeing & all amenities available at their respective 5-Star Club Mahindra Holiday Resorts absolutely free of cost in India & abroad for a single time & validity will be for one year. (d) Offer was valid for spot booking only on payment of 10% of Rs. 155642/- i. e. Rs. 15564/-& there was no chance of thinking further. (e) Member has to bear only transportation cost from home & back.

After learning all that, I first hesitated to do anything & wanted to leave that place giving the reason that I generally avoid doing anything on Monday. Then, they insisted & misguided us that my wife can be able to do that with I being the second person or co-member. After that, they placed a form in front o[censored]s. As per my question regarding the written contents of the Form & its purpose, Mr. Bist told that nothing else was written, only the facts that they had demonstrated before us & just for formality. Believing on them & without going through the details of the form, I then permitted my wife to sign on the Form. After the signing of my wife, they lastly, disclosed that second person also had to sing on that paper. However, I repeatedly refused to sign anything on that day giving the same previous logic. Ultimately, after consistent pressure & misguide, I singed on that Form as a second person for a single time only & also in short form. As per their demo, I paid 10% amount (i.e. Rs. 15564/-) by my UCO Bank debit card & got a receipt. Mr. Bist told me that a cancel check would be required for verification of my account, but did not mentioned about time & the mode of payment of the rest amount i.e. ECS/Check. They also told us that within one month we would get a KIT with all the documents at our communicated address. We left the place with two free coupon i.e. for 4 (four) night/ 5 (five) days free holiday stay at Club Mahindra Holiday Resort, instead of one i.e. for 2 (two) night/ 3 (three) days as a lottery. Accordingly, after one week, I handed over a cancel check of Axis Bank (Check No. - 135879) to Mr. Gurpreet Singh, Representative of Club Mahindra Holiday at Durgapur Thermal Power Station, Damodar Valley Corporation, Durgapur -713207.

Some of the incidences, which go on to show how things have worked out after payment till now as follows: -

1) After some days, I received a confirmation call from Miss/Mrs. Paromita Jana, Member Relations (Ph. No.[protected] confirming my personal details, but calling representative told some contradictory terms & conditions against the demonstration at Asansol. Immediately, I refused about ASF, RCI & she also did not tell about week classification chart, time & mode of payment of EMI except a cancel cheque of Axis Bank (Check No. - 135879) what I had submitted. After my continuous reiteration of the facts, the calling representative agreed to check back with the sales team. Then about half an hour later, Mr. Kumar called to me & told that he would manage that & directed me to tell that I had been demonstrated about ASF, RCI at Rudra Hyundai, Asansol on 21/12/2009, otherwise my membership will not be done. But, I flatly refused to do anything like that & told him to send the leaflet of terms & conditions for verification immediately & then I would decide about my membership. He also told that I would receive a call again from the same lady. However, the welcome caller never called up again. I was helpless.

2) On 19th Jan, 2010, we got a KIT at our residence having a computer generated & signed welcome letter, a week classification chart, Membership details, mode of payment of EMI through ECS & a leaflet of terms & conditions. After going through all the documents, I learnt that most of the terms & conditions are contradictory. I had no knowledge about the time & mode of payment of EMI, ASF, RCI, etc. At the time of submission of cancel cheque to Mr. Singh, I asked about its requirement, but he replied that it was just for verification of account & nothing else. Therefore, how they had obtained the clearance for ECS is a great mystery & to be asked, because my signature on the form was in short form & in the bank I do it in full form. After that, on that day itself, I feed backed to Club Mahindra Holiday through E-mail regarding all the matters.

3) After waiting three days to get a reply, on 21st Jan, 2010 in the evening at about 19:30 hrs, I compelled to dial to Mr. Bist but his number was not reachable. After that I dialed to Mr. Arun Kumar, but he did not received any call, then to customer centre at Kolkata, but all gone in vain. At about 22:00 hrs. Mr. Kumar dialed back to me & asked about the problem. I replied only that I like to talk to your Branch head or Mr. Bist, but he replied that Mr. Bist’s mobile had been lost & the same would be activated after two days & repeatedly pressurized me to disclose the problem before him.. However, I avoided telling any thing before him.

4) On 22nd in the evening, we dialed to Club Mahindra Holiday via all India customer care & the same call reached at Chennai. I told all the matters what had happened until now as I had only received a reply via e-mail that the same would be resolved by local customer centre, i.e. Kolkata Branch. The member relation presented at Chennai replied to me to keep patience & problem will be solved by Local Branch.

5) On 23rd Jan, 2010 we received two missed call[protected] at about 11:21. When we called back to that number, at the receiving end, we got Miss//Mrs. Paromita Jana, Member Relations. I told all the grievances before her, but she was reluctant to listen. Instead, I told her to either cancel my membership or conform to the terms & conditions demonstrated at the time of spot booking at Rudra Hyundai, Asansol on 21/12/2009. But, she refused to comply all these things & told me that membership can only be cancelled when 60% of whole amount would be paid. Then I dialed to Mr. Bist but again his number was not reachable. After that, I compelled to phone up to Mr. Kumar about the conversion with Miss//Mrs. Paromita & told him to cancel my membership. He agreed to check back to me after half an hour. At about 14:49 hrs. I received a call from Mr. Bist (Ph.no. -[protected]) & I discussed about all the matters. He agreed to check back to me after half an hour. But, two of them never call up again. I was helpless.

6) After that on 25th Jan, 2010, I received a call from Miss/ Mrs. Charmaine Dhawan, & some altercation happened, but ultimately, she refused to listen & comply to any terms & conditions demonstrated at Rudra Hyundai, Asansol. In the evening, Mr. Bist confirmed only about placing & non-collection of any EMI.

7) On 9th Feb, 2010 I e-mailed to Mr. Anirudha C. regional manager, Kolkata & Lukhnow about non- receiving of any authentic reply about non-collection of EMI & any confirmation of Booking 4 (four) days at Shimla from 11 – 14 Apr, 2010 & 4 (four) days at Manali from 15th – 18th Apr, 2010, against my call to Mr. Bist on 3rd Feb, 2010.

8) On 14th Feb, 2010 I emailed to Miss/Mrs. Charmaine Dhawan, to book 6(six) night at Manali from 20th April, 2010. However, that also gone in vain.

9) When they are not able to book any accommodation at Manali or Shimla, I changed my destination & on 23rd Feb, 2010 e-mailed to Miss/Mrs. Dhawan to book 8 N/ 9D accommodation at Goa in between 14th & 25th Mar, 2010. It also had gone in vain. They still failed to confirmed the same.

10) After that I had made hectic follow up & numerous e-mails & calls, but, they even failed to give any accommodation of the free gift coupons offered at the time of spot booking. Where just to be flexible, I offered alternate destination & dates in the e-mail according to their availability. When I got no confirmation about booking, I compelled to e-mail to Mr. Bist about paying no heed towards the matter & to follow up consequences at their pay & cost.

Copies of all the e-mails are enclosed herewith for your kind perusal.

Due to the above harassments & cheating, I compelled to debit –freeze my savings account at AXIS Bank against which the cancel cheque had been issued to Club Mahindra.

Therefore, I want my money back (Rs. 15564/-) with interest as well as compensation for consequences I had to face before & after signing of the membership form.