Country Club India — refund due as a consequence of cheating

Address:

Hyderabad

M/s country club hospitality and holidays ltd.
6-3-1219/a, 4th and 5th floor, country club cool,
Begumpet, hyderabad 500 016, telangana
Kind attn: y rajeev reddy/y siddharth reddy/y varun reddy
Dear sir/s,
Re: final notice prior to legal action for refund of membership payment – dt-75/0068
1. As you all are well aware, i have been vigorously following up with you (Country club/country
Vacations) for refund of my payment of rs 54080 made on 31/1/2019, explicitly based on
Your executive’s (Mr. K. Vivek) telephonic and written offer of the same date. This amount
Covered full five-year term’s charges (Membership fee plus annual maintenance charges) and
This transaction was initiated as well as completed without any face-to-face meeting between
Us. I was subsequently compelled to withdraw/cancel my membership owing to your officially
Backing out from that original offer after receiving my payment, the first such request being
Made within eight days of making the payment. Hence, if we draw a parallel, my cancellation
And refund request was made well within the usual free-look period of 30 days applicable for
Distance marketing/telemarketing sales in insurance policy matters, etc.
2. You had given me offer of (A) a free/complimentary holiday of 6n/7d (In addition to usual
Holiday entitlements) and (B) free food vouchers. These offers were consciously made
Attractive and probably meant to trap me again into your membership after expiry of my 10-
Year uninspiring membership term. You were sure that without such innovative offers i could
Not have been lured into your troublesome membership once again. However, later it
Became clear that you had deliberately not disclosed three important conditions associated
With the complimentary holiday offer, viz. (1) that this offer is restricted for stay at an
Unknown property/hotel in bangkok, (2) that this offer is valid for one year only and not for
Two years like regular holiday entitlements, and (3) that this offer must be availed in one
Stretch and not in split manner like regular holiday entitlements. When i tested your online
Holiday booking portal for booking complimentary holiday, it was observed that no dates
Were shown as available at the bangkok hotel at any time of the year. When i reported this
Problem, you tried to cover it up by suggesting offline mode (Through email) for doing the
Booking which obviously lacks transparency, which again is your preferred environment to
Facilitate cheating. As if these hidden conditions were not enough, you backed out from your
Other offer of free food vouchers also. This was a complete u-turn from your initial offer,
Forcing me to cancel my membership and demand full refund.
3. When you kept dragging the matter and refused to refund my money, i first lodged a
Transaction dispute with the credit card issuing bank (Sbi). When you sensed trouble for you
In this transaction dispute, you again committed a second time to honour your initial offers,
Only to persuade me to withdraw the transaction dispute from sbi cards. Once you learnt that
The transaction dispute has been withdrawn, you were back to your cheating best and again
Disowned your promises/offers made not once but twice earlier. What was surprising is that
You showed unfettered audacity in denying the initial offers in writing with same, or perhaps
More conviction than when the initial offers were made to me in writing! Your mr. Shiva was
Very categorical and rude when ditching mr. Vivek’s earlier promises through his emails of
July 2019 and said “as per membership you will be provided only stay at resort and food is
Chargeable” and “complimentary holidays possible to book only for bangkok location” which
Clearly superseded and contradicted what mr. K. Vivek had promised on 31/1/2019 viz. “food
Vouchers we will provide” and “we will provide 6 nights & 7 days complimentary holiday
Package” respectively. Moreover, on 19th feb, 2019, your mr. K. Vivek unequivocally
Confirmed “complimentary holiday offer open for all owned/associate resorts you can use”
And had also promised “yes, i agree” to my proposal “with this agreement and the earlier
Eight terms agreed by you before the upgrade on 31/1/2019 will be our mutually binding
Agreement for this current membership upgrade”. How can one trust you when a seemingly
Solemn gentleman’s promise like this is later thrown to the winds without any hesitation or
Scruples? Do simple business ethics not form part of your policy?
4. Your cheating instinct was immediately evident when you first allowed only one year validity
Period to avail my regular yearly holiday entitlements instead of two years as you normally
Allow and as were also allowed to me during my previous ten-year membership term. It was
Only after i raised strong objection that you reverted to two year validity period for each
Holiday entitlement.
5. Though you have collected 18% gst from me as part of my payment of rs 54080, you have
Plainly refused to issue a proper tax invoice for the payment, which is contrary to the
Prevailing law/rules. By not issuing a tax invoice, the gst collected from me could have gone
In your pocket instead of in government’s treasury. You have totally ignored my repeated
Requests for issuing a tax invoice.
6. Another instance of cheating became evident when your mumbai office approached me with
An offer of 5-year membership for rs 20000 only as against your offer of rs 35000. It is
Important to note that mumbai office made this offer unaware of your offer of rs 35000
Having already been accepted by me. When i brought this anomaly to your notice, you as well
As your mumbai office preferred to remain silent as there was no justification with you. Why
Did you not give the option of that offer (Rs 20000) as well to me in the beginning itself? Was
This also not a part of your plan to cheat me?
7. Your cheating intention was also evident in your refusing my request for issue of a fresh
Membership card and membership certificate for the new five-year term like i was given in
The beginning of my previous ten-year membership term. Now, i am without any valid
Membership card/certificate and liable to be denied entry in your resort/hotel at the time of
Check in.
8. While you were not bothered to resolve my genuine disputes for so many months, you
Showed ruthless promptness in declaring expiry of your complimentary holiday offer after
Lapse of just one year instead of the normal two year period for regular holiday entitlements.
At least you could have extended the offer’s validity by another year pending resolution of
The dispute. How you could expect me to holiday in bangkok when the offer was meant to be
Enjoyed and i also wanted to enjoy the offer in india? But why would you bother to show such
Niceties when you had my entire five years fees in your hand? This is also another instance of
Your cheating intention.
9. From the above, it is clear that you have committed a brazen fraud in this whole episode. You
First lured me into accepting your membership through inducement of attractive offers, then
Refused to honour those offers and finally denied me the liberty of parting ways and
Demanding refund. Your policy was “heads i win, tails you lose”. This is a very clear case of
Cheating which, as you also must have realized, is indefensible and irrefutable, considering
The vast documentary evidence, call recordings, etc. With both o[censored]s.
10. Your actions/inactions and long stubborn silence on the dispute in spite of numerous emails,
Etc. Have closed all doors for any reconciliation. The possibility of i accepting your third time
Promise to honour all earlier offers/commitments is ruled out because i do not trust you
Anymore. I see only one solution to this dispute and i want to propose that solution once
Again to you for the final time. Please refund my full payment of rs 54080 along with 12%
Simple interest from 31/1/2019 till the date of final/actual payment. Considering the present
Covid-19 pandemic, i allow you a liberal 15 days period from the date of this letter for making
The full refund with interest. This 15-day period is allowed only for making refund, but if you
Are still bent upon acting headstrong regardless of solid evidence against you and not willing
To give refund, i will allow you only eight days’ time from the date of this letter for making
Your intentions about refund clear to me through email/whatsapp/sms. So, there are two
Separate deadlines, (1) 15 days for giving actual refund, and (2) 8 days for communicating
Your decision about refund. Due to the prevailing lockdown conditions, i would suggest you
Not to use postal/courier services for communication for the time being. Failure to reply
Properly to this notice within eight days from the date of this letter, will be interpreted as
Your confirmed readiness to refund as aforesaid within 15 days. However, if after this tacit
Posturing to give refund (In absence of an interim reply within 8 days), the expected refund
Does not come by the end of 15-days period, you will have no objection to treat this “don’t
Care two hoots” attitude as conclusive evidence of your blatant cheating intention by way of
Neither caring to honour your initial offers/commitments nor allowing me to cancel the
Membership and demand refund of money. If the refund does not come within the allowed
Time period, i will have to take legal course with the help of an advocate for, including but not
Limited to, filing a complaint under the consumer protection act 2019 in a district consumer
Commission of my choice/convenience for which you will be solely responsible for all
Direct/indirect consequences and costs which may include compensation for mental
Harassment/agony, compensation for loss of opportunity to enjoy holidays despite making
Payment, lawyer’s fees, incidental expenses, etc. Such complaint under cpa 2019 will not
Preclude filing a parallel criminal complaint and initiating civil proceedings for damages as
May be deemed fit.
11. Refund may be made to my original payment mode (Sbi card). Else, following are my account
Details for crediting the refund and interest amounts: upi id [protected]@upi, phonepe id
[protected]@ybl, google pay id [protected]@oksbi, paytm id [protected]@paytm or s/b a/c
In state bank of india no. [protected] ifs code sbin0003838.
12. I am refraining from enclosing all evidences/supporting documents as all such documents are
Either already available with you or have already been submitted to you from time to time by
Me. I need not tell you that internet is flush with similar complaints from your suffering
Members/customers, which fact goes to amply substantiate my contentions in this notice.
13. Considering this as an open and shut case for adjudication with overwhelming evidence
Against you, i hope, good sense will prevail and you will decide against risking your reputation
If the case goes in the court in absence of an out of court settlement about the refund.
14. I reserve my right to add/enlarge/enhance the scope of evidence/averments and my claim for
Damages, etc. At the stage of filing complaint to protect my interests and/or to counter your
Defense/arguments.
Yours faithfully,
(V. M. Jawle)