[Resolved]  Country Holidays Inn & Suites — holidays membership cancellation and refund of money

Address:

OBS Tower 3rd Floor, Block A - 37, Sector 63, Noida, Uttar Pradesh 201301, Gautam Buddh Nagar, Uttar Pradesh, 201301

Country Holidays Inn & Suites Pvt. Ltd. —cancellation of membership and refund of money

Following are the details of the incident that I have gone through with “Country Holidays Inn & Suites Pvt. Ltd, OBS Tower 3rd Floor, Block A - 37, Sector 63, Noida, Uttar Pradesh 201301”.

I had filled one lucky draw coupon at Shoppers Stop, Shipra Mall, Indirapuram, Ghaziabad on 1st June 2019. Immediately on next day I received a call from a girl named Muskaan informing that I had won the lucky draw for 3 day/2 night free vacation, Rs.10, 000 coupon at any salon and 2 movie tickets. I was not willing to go as I don’t trust in these offers but she insisted that they expect nothing from me but just to come to pick up the free coupons with my wife. I told them that I have a small child and it would be difficult to come, however, she said that they have a special arrangement for kids. When I finally said okay she told that her manager would call me to confirm. In 30 minutes a guy named Amit called to confirm the “prize” and also asked to confirm that I would come as they need to print my name on the coupons. They sent me a text message from mobile number [protected]
(Congrats Mr.\Mrs. Sharma, both are invited for collecting your gift vouchars. Venu add:- crowne plaza hotel mayur vihar phase 1. Your Entry Code is KR098. Your timing is 07:00 pm. Thank you. Regards, Sawariya.

I reached the venue at 7:30 pm with my wife and child and was told to sit on one of the tables. I found it odd that they had said there would be some event and special arrangement for kids but there was nothing of the sort. A man came and told us that we would need to attend a 45-minute presentation on a holiday package for the coupons. I told him why I was not informed about this on the call and we cannot wait for 45 minutes. He stood up and left. Then a lady came and said that she will just take a quick survey. They asked about our last vacation and asked how much we spend on the vacation and how many vacations we go in a year among other things. That survey took 15-20 minutes and then they started showing their site and how they have tied with 4500+ hotels and how many people have taken their package.
A man the lady called sir – Mr. Shoeb Khan (Take Over Manager) came and showed pictures of some family in a 5 star hotel – Hotel Roseate, Aerocity, New Delhi and how happy they were after taking their membership. They also dropped the names Country Inn, Radisson, etc. to associate with the hotel chains. Mr. Shoaeb then said we have a 10 year membership plan for INR 2, 35, 000 lakhs. I straight away denied the offer since I cannot afford to pay it and they started bargaining with the offer. They said we are giving you free trip to Dubai everything included. Also, we will give you 0% emi on your card. Then they added 1 night free at Roseate hotel, Gurgaon. They asked about our anniversary date after which they said they will give 2 nights 3 days free at Jim Corbett at their hotel CHIS Kabeela. When I still said no they said that instead of fully paid Dubai trip they will reduce the price to 1, 90, 000. Then he said he will reduce Rs 20000 further to a price of Rs. 1, 70, 000. I said I need time to think but they insisted that this offer is for today only. I tried to google about their company but there was no internet data signal in that room. In between they kept clapping for people who were supposedly signing the agreement. After reading other complaints I think that is another of their sales gimmick.
We told them we will need 5-10 minutes to discuss but within 2 minutes the lady came back to our table and asked why you are taking so much time. You work so hard you should enjoy. We are not like Mahindra club membership where you have so many restrictions. Mr. Shoeb also came back and told me that he knows how to setup credit card emi so that I won’t have to pay any interest for 12\24 month emi. We were also told that we can cancel our membership later so there is no need to worry. I said yes and Mr. Shoeb brought out an agreement and said that this contract contains all that we discussed. He hurriedly pointed towards the signature box and did not give me time to read through. When I insisted he said trust on us. He then quickly swiped my card for Rs. 125000 and another one for Rs. 45, 000. As soon as I had paid they said we will mail you everything - the receipt and the coupons and said goodbye.

I got a welcome call on 5th June in which the person spoke so fast that I hardly understood what he spoke. I also read the agreement in full and found that it is a one sided contract. The buyer has no way out once they sign the agreement. All through the presentation I was told about 70 days vacation but it is actually 60 nights for 10 years– 6 nights per year. They had also mentioned that facilities such as pick and drop car would be available, but the contract says I need to pay a fee for that. Also, the free coupon given for salon use was actually from some veeba.com company with weight loss and cosmetic treatments only.

That made me think that there was an issue and I googled extensively about the company and found out about so many complaints and how they use these sales tricks to force people in taking the membership. I immediately mailed on 9th June to cancel my membership and asked for a refund. I got a call from their sales team member Mr. Dhananjay asking why I am requesting for cancellation. When I told him my reasons he said that someone from the management will call you. When I did not receive a call back I decided to visit their office in Noida. Mr Rahul Arora (senior customer manager) talked to me and said that once the contract is signed it cannot be cancelled. In fact he mentioned that you have not bought vegetables but holiday membership which cannot be taken back. I asked him why there is no clause to cancel membership and it has been only 3 days since I have received my login credentials and 7 days since I signed the contract. He said you cannot even cancel after 5 minutes of signing the contract. I told him that other company offering holidays allow cancellation within 10 days. But he said why did you sign the agreement and now nothing can be done.

I had asked for cancellation within 7 days of signing and have not availed any benefit from the contract and I have a right to cancel my membership and get a refund of the amount paid for Rs. 1, 70, 000.

As per the Indian Contract Act, 1872 the one sided contract is void and cannot be enforced.
As per the consumer forum Ludhiana (Case No.553, Dt.05.07.2012) the Hon’ble Judge specifically addressed this issue of ‘non-refundability’ – “Further the plea taken by the OPs (Country Vacations) that as per the terms and conditions of the impugned contract, the membership fee once paid is non-refundable is also not sustainable, as the impugned contract is one sided standard form of contract (where the parties are not equal in the bargaining power) which the OPs got prepared according to serve their interest and the complainants were supposed to sign only on the dotted line. For such a view we are guided by the judgment by the Hon’ble Supreme Court reported in AIR1986 (SC) 1571.”

Also, as per the code ethics in the AIRDA (ALL INDIA RESORT DEVELOPMENT ASSOCIATION) site, it is mentioned that “a cooling off period of 10 days must be provided during which customers have the option to revoke, rescind and make void ab initio, any sales agreement entered into. If the agreement is revoked by the buyer, the seller is committed to refund all payments made and return share certificates, title deeds or other documents handed over during signing up of sales agreement.”
http://www.airda.org/airda-code-of-ethics.html

I have read so many consumer complaints on this site where people have gone through the exact same experience which I am going through.
I feel cheated and trapped by this contract from country holidays inn and suits. Kindly help in getting my membership cancelled and getting refund for the amount of Rs. 1, 70, 000 paid.

Thanks,
Akshat Sharma
Membership number: CHISDLSA777397