[Resolved]  Club Mahindra Holidays — the club mahindra executive’s misrepresented the facts and hides many facts to offer

Address:

Rajasthan

17.04.2010
Dear Sir/Madam

Club mahindra given me membership no. is 1756772, telling me that it is temporary and without any term and condition to offer me a special offer to goa , in february 20010., this membership was given me by telling me false and unlawfull method by sales executive at club Mahindra jaipur office. This is a totally against rule of law and misrepresentation of facts and breach of contract in first site , But now I am feeling cheated by club mahindra.

While offering this membership to me without my agreeness , the club mahindra executive’s misrepresented the facts and hides many facts to offer the membership.

They told us by phone call (me and my wife) that I won a lucky draw , the fact is they never conducted any lucky draw. They call all the persons who fill up their coupens their person put at various stall petrol pumps or at book fair. While calling me telemarketing person of club mahindra told me that I get free holiday gift from club Mahindra whithout any terms and conditions, please come our office at durgavihar jaipur to collect this gift. Though I confirmed that time to the calling person that is their any term and condition , they assured me that there is no term and condition. On the good faith of Mahindra brand which this company uses I trusted and take my precious time from my work to visit club Mahindra office on the same day they call me

As, they misrepresented to us that the offer was available for only that day and we had to choose at that particular time.

Thirdly they told us about ASF, but never told that this charge will be increased every year, instead the sales person emphasized that this is specific only at club Mahindra that your ASF will never change in 25 years and will be same and you will get holidays without affected by inflation but it was wrong.

Forthly, they told us that only some families have been chosen by their centre for availing this offer.( Centre is situated at durga vihar, tonk road, jaipur).This is again a lie, as I latter find that they use unethical practice of sales and marketing to cheat innocent persons . the method they use is objectionable, unlawful and harassing innocent people both mentally and financially.

This is clear case misrepresentation and hiding of facts.

I have paid Rs. 15564 ( Rs 1000 cash + 14564 chequ e) in good faith of brand Mahindra that I will never be in trouble. The sales executive mr. pawan suhag promise me that u trust on Mahindra brand and further told me that this amount is to be paid as upfront fee for giving u a special offer without any terms and condition. Latter on the same day he send an employee to my house and told me that for the purpose of account verification and audit purpose a cancelled cheque is required. I asked him to promise that this cancelled cheque should not be used for any transaction without my agreement in written to the bank I had account. Mr. pawan suhag promised me that cancelled cheque given by me will not be used for any transaction and need not to worry about it as he is executive of Mahindra a branded company.

I want to tell some facts about my membership. On the belief as told by sales executive that my membership is a formality and temporary only to avail special offer without any terms and condition for any extra payment . I will be free to cancel this fomal membership after availing special offer and no extra payment will be asked to pay .
But I was surprised after checking my bank account and found by manager that club Mahindra company applied to debit EMI from my account by ECS . I told bank manager that I never told by sales executive about this and nor I signed any mandatory form of state bank of india for ECS, then how they able to do this without my agreeness and written paper. For clarification I called club Mahindra jaipur office to speak with mr. pawan suhag who was sales executive and taken cancelled cheque and promise me not to use this for any transaction. But now the drama of this branded company started and I understood that there is a cheating and unethical business that they are doing. I asked To explain how they applied ECS for EMI from my account directly without my consent from the manager club Mahindra jaipur office mr vikash jain, he did not give any satisfied answer and told one employee ( mr pawan suhag) may be wrong and done wrong things and give one day to talk with that pawan suhag and manager himself will call me. After that day mr vikash jain never called me nor available when I call office tel no. as operator tell always, that he is busy in outcall or in meeting and he himself will contact me when free . but I never get call from him. He is hiding to talk as he and his sales executive know they done wrong and illegal work .


I further tried to contact at personal mobile of mr pawan suhag once he attended my call but he turned from his promise and was telling he taken cancelled cheque for other purpose rather than audit as he promised as told me at the day club Mahindra called us at their office for providing special lucky offer
.
I am very surprised and confused for which I paid so much when I was not interested in their plan at all.
The way the club mahindra get its client is highly objectionable. As per the contract act also, if an agreement is done by misrepresentation, it is voidable at the option of the party who has been misrepresented.

The agreement entered into by me and club mahindra is the outcome of misrepresentation of facts and fraudulent activity ( referring lucky draw, whereas there is no lucky draw etc.) of their marketing personnel. Thus it is not valid in law itself.

Please help me to get out of this agreement and getting back my EMI Rs 3481 debited by illegal electronic mea ns without any written mendatory form for ECS of my bank, by club mahindra.

Thanking You


o p sihag
Membership No. 2175677
[protected]@yahoo.co.in