Country Club India — country club holiday membership cancellation

Address:

400607

Sir,
On the 26th of march, 2017, my husband, mr. P. S. Gopal got a call from the country club representative inviting us for a presentation on the country club offers. We had received such calls earlier as well but we never accepted them. On that day since we were already at the korum mall, thane, west (Country club india outlet) we decided to go as we genuinely wanted to know what it was all about.

One mr. Amol nikam made a presentation of about 1 hr to us and also made his director mr. Rajbirluthra talk to us. We were impressed by their impeccable and polite behaviour. When we expressed our inability to make the entire payment, mr. Luthra convinced us to make a part payment of rs. 36172/- through my credit card emi option. To my query as to whether we could avail any holiday without making the full payment, we were categorically informed that we certainly can and mr. Luthra implored us to try their talegaon property so as to satisfy ourselves about their standard and quality.

These were all oral promises which we believed in good faith as it was from the representatives of country club which we believed had some reputation and credibility. When we asked for a copy of the agreement, we were told that we will get it after the completion of some formalities and signature of the company’s authorised signatory. We were also assured that we would get a membership card once we submitted the required documents and we could download the mobile app through which we could access the services. We had no reason to disbelieve as it was from country club.

After making the payment on reaching home, i somehow felt that something was not right and there were many facts which were left unexplained in the presentation and i couldn't sleep that night. I immediately requested mr. Luthra vide my email dated 27th/march, 2017 (Reproduced below) to cancel my membership as i had changed my mind and needed some time to think over. As expected, he expressed his inability quoting the company policy of no refund. I was in total despair.

After some days mr. Amol, called me for the documents so that they could complete the formalities and give us the membership card. I went and gave them everything as requested. When i checked with mr. Luthra about the promised holiday, he once again assured me (Orally) that it can be planned any time on short notice even during peak season and that i could renew the membership after satisfying myself of their services. We once again believed in good faith. Then it so happened that due to health issues, we could not plan any holiday or even get in touch with country club.

About two weeks back i thought of planning a 4 day holiday to celebrate my husband's birthday on the 9th of september. This, i thought would give me an idea of the quality of the country club properties and would help me to make up my mind about the renewal. I first called mr. Amol who told me that he has left the company and directed me to mr. Luthra. I then called mr. Luthra who said he will have to check my status and promised to get back the next day. Over the next week he was on leave for ganapati then he was unwell and then again on leave. So we couldn’t plan any thing. We therefore, approached mrs bhavna for some assistance. Since we could not get access over the phone and was told to message, we thought of visiting the centre for a face to face discussion as time was running out.

We met the lady and gave our request. We also told her about the difficulty with the app which was not opening with the user name and password even when she tried. She promised to check with her back office and revert the next day. Over the past two weeks we have been trying desperately to get the feedback from mrs bhavna, only to be told that there was no availability of rooms in our choice of destination and that we should have given them time and that we have made only a very small part payment etc.. We have received no update about the app password issue and have been told that the agreement copy and membership card will be given only after we make the full payment. I curse myself now for not having taken a picture of the agreement.

I could finally get in touch with mr. Luthra on 1st of september and now he informs me (On the telephone) that since we enrolled as members in march, 2017 and now from july as gst is applicable, all the part payment proposals are now invalid and we have to validate it by making fresh payment. He offered me a 5 year holiday package for a final payment of rs. 60000/- which i could avail by paying only the additional amount after deducting the money already paid to them otherwise my membership will remain invalid till i renew. He also confirmed that i cannot even avail a short holiday which he had earlier promised because of the changed situation. So the net result is that i have lost my rs. 36172/- for no services in return and in the absence of any written document or a membership card and because of the invalidation of the contract and the absence of access to the app because of the unresolved password/username issue, we are in a very vulnerable position as a customer with no where to go.

I must mention here that i fail to understand one thing. How can a customer’s membership be treated as invalid during the validity of the agreement as per the terms which were to be valid for one year after which we had to pay the remaining amount and complete the procedure. The reason accorded for this is gst. I can understand if i am told to pay the difference in taxation after july as the rules have changed but simply invalidating my agreement and telling me to pay up now on a new offer beats my logic. The most important thing is that i have not even been informed by the cc representatives that they are invalidating my membership and that the conditions have changed. It is only when we approached them as innocent customers to plan a holiday that we are informed on the phone about the new developments. How can one change the terms of a contract/agreement during its validity? How legal is the act of invalidating the agreement without the consent of the customer who is a party to the agreement. This cannot be legally tenable. Since no copy of the agreement is given to the customer we can’t be sure about anything. I only hope that no forgery or fraud takes place.

Further, if at all the terms are changed despite enrolling as members on a different set of terms and conditions, shouldn’t i be given an option to cancel the membership and refund made to me as the conditions have not been altered because of me. I have not invalidated the membership. The amount of rs. 36172 /- was paid by me on the agreed condition that i have to pay the remaining amount on the completion of one year at the time of renewal. The reason for not allowing any services till renewal is ridiculous. To me it appears that the company is indirectly forcing the part payment customers to renew or convert the agreement so that they don’t lose the gst in case the customers don’t renew. This is absurd.

I am completely disillusioned as a customer. I am convinced that the act of country club of invalidating my membership during its currency of an agreement and not providing me the agreement copy or membership card as promised and trying to change the terms of the agreement on the pretext of gst applicability is definitely illegal.in the event of any change, the customer should have been given the option to cancel the membership and the money should have been refunded if the customer was not willing to go with the new terms. The straight forward and ethical thing for the company to do was to make an agreement only to the effect of part payment made and make clear cut offers to that effect and include any other fresh terms and conditions at the time of renewal with a fresh renewal agreement taking into account the changed scenario. Trying to convert the agreements to the advantage of the company through dubious means by telling the customer that you either take our offer or your money is gone is plain and simple intimidation. The company's intention seems to be to somehow pull on till the renewal date and then terminate the membership and put the responsibility on me. How unethical, immoral and shameful can this be! And the worst thing is that nothing is given to the customer in writing in case of being a part payment member. I have already written a mail to the country club representative to confirm his telephonic conversation and i am awaiting his reply.

If a company of repute like country club cheats its innocent customers with false promises and unethical practices, it is indeed a very pathetic state of affairs. On a perusal of your site i realised that i am not the only person who has been duped. By talking the vulnerable customer through the most polite manners and not allowing him to even read the terms of the contract and not giving him a copy of it even after promising to do so, the company is displaying the most corrupt practice. Taking the signature of the customer by making false promises and then holding it against him to dupe him is not what one expects from such big companies like country club india.

I hope my grievance does not fall on deaf ears and at least someone higher up in the company's hierarchy takes customer's plight seriously. I therefore request you to cancel my membership and return the money paid by me to the tune of rs. 36172/- and pull up your representatives for tarnishing the image of the company.

I remain, in anticipation of a favourable decision.

Thanking you,
Yours sincerely,

Saroja gopal
(M) [protected]

P. S. Email requesting for cancellation reproduced below

On monday, march 27, 2017 4:36 am, sarojagopal wrote:


Dear mr. Rajbir,
This is regarding our discussion today about countryclub membership. I had sent you a mail earlier but somehow can't find it in my send folder. So writing again.
First of all i wish to thank you for your time and patience at explaining the proposal in detail to me. I was genuinely interested in it. However on a scrutiny, i have some very serious reservations about the proposal and do not wish to proceed further. I am willing to take up the matter with anyone up in the hierarchy if you feel so.
I request you to kindly respect my rights as a customer and consider my request for cancelation of the contract and inform hdfc accordingly. I wish to drive home my point that there are many points which your presentation did not bring out and now that i understand them, i have no wish to continue with the contract. I am sure that a mature company of repute as country club would understand my feelings as a customer and would not wish to bind me into a contract against my wish which should not be too difficult it has been only a few hours since we discussed the matter. I shall return the gift voucher on cancellation of the contract.
I request to consider my request and cancel the contract with immediate effect and grant me the satisfaction of having dealt with a customer friendly organisation.
Thanks ®ards, sarojagopal