| Address: | New Delhi, Delhi, 110017 |
| Website: | WWW.KAYA.IN |
To,
The management
Kaya limited,
Mumbai
Sub: gross irregularities at your centre at malviya nagar, new delhi
Dear company management,
I am being forced to write this mail because i believe it is a company policy to not to accept and receive letters in writing. Nevertheless, i am here to put forth the grievances in relation to the package of ms. Bhawna mehndiratta at the centre address - c-83, gf, shivalik, near cafe coffee day new delhi, delhi 110017, where in the centre incharge deputed by your company is ms. Sonali dahiya.
The following are the grievances, which if not immediately addressed shall tantamount to negligence and denial to address such grievances and attract possible legal remedies;
1. Whereas it was understood by the centre incharge of the aforesaid clinic of your business that her client had requested to make the payment for a package namely, full body laser at discounted offer, in two installment. One at the time of enrolling in the package of rs. 60, 000/- and the other of rs. 49, 000/- on or before 20th april, 2017. However despite of repeated requests to give in writing was blatantly denied by the centre incharge. Nevertheless, my mother deposited rs.60, 000/- on behalf of the client.
2. Whereas the centre incharge started mounting pressure on me during the last week of march 2017 to immediately pay before the financial year ending. Ms. Sonali dahiya used all the techniques and tactics to elicit the payment from me, which she later on claimed to be a result of training program of your reputed company. She denied to my wife two sittings of the package due to non-payment of dues till 31st march 2017, irrespective of the fact that she had earlier committed to extend the time limit of final payment to 20th april, 2017. It seems that she had misled us as customers by luring us to extend the payment date of the package and with this intent she didnt give us anything in writing in relation to the terms of payment for this package. When i asked her to submit the terms and conditions of my wife’s package in written and also reveal the refund policy of the company, she denied blatantly and told that company management has strictly asked her not to disclose anything related to these specifically to my case.
3.in the first week of april 2017, she threatened my wife to cancel the package if payment is not received within a single day. She also threatened that all the hard earned money will go as 'ashes in ganga', if we do not pay within a single day an amount of rs.49, 000/-. When i asked her about what happened to her commitment of 20th april 2017 timeline, then she blatantly denied having made any of such commitment. Already harassed at the hands of this centre head of your reputed company, i set out to pay rs.49, 000/- the very next day.
4. Whereas the next day when i arrived to pay rs.49, 000/- through a cheque drawn on central bank of india, the same centre head told me that the company had stopped accepting cheque as means to clear your dues. I was left speechless and in distress as to why a limited company, which has trust of public vested on it, may deny to clear its dues by means of cheque drawn on a scheduled bank. These instruments are legal tender and no one in territory of india can deny accepting such legal tender. Thus, i got suspicious and didnt believe the centre head so i asked her to give a print of the mail where in the company had changed its policy to deny the cheque as a means to clear the dues. However, to my further surprise that same centre head denied to print any mail and again referred to her training process under your reputed company wherein she was commanded not to share any written communication with her customers. Thus, solely on the word of that centre head i was forced to withdraw my cheque and was required to pay in cash or through debit card/credit card. Because i had come only with a cheque and not with cash or debit card, that centre head instructed one therapist by the name of ms. Sherpa to immediately cancel my wife’s package so that our hard earned money rs.69, 000/- can become ‘ashes in ganga’. On my repeated request, she extended one day time to clear the dues, however, not with cheque but with cash or credi/debit card, as per the so-called company policy, which yet remains verbally spoken without any written confirmation from the management of your company of repute.
5. Whereas it is known that the very next day i arrived at the aforesaid centre with my debit card and requested to receive my letter wherein i had written that because of company policy i had withdrawn the cheque and payment shall be made through debit card. The staff at the reception was ms. Gosain who said that such application can only be received if i pay immediately. Thus, i paid the amount of rs.49, 000/- through my debit card to clear all the dues of your company so that the centre incharge doesn’t send my invested hard earned money as ‘ashes to ganga’. However, to my further surprise, after i had cleared all my dues as per the direction received verbally form your company staff, ms. Gosain at the reception asked the centre incharge whether the receiving of my application could be handed over to me or not and within 5 minutes of telephonic conversation with the centre head she came out with the reply that it is a company policy not to sign or receive and documents from the customers and it is the command of centre incharge who has learned the same in her training program and thus, ms. Gosain didn’t receive my application.
6. Whereas the undersigned feels duped and cheated by your company through that centre incharge and the staff assisting her in her endeavors, i extend and put forth following questions for your repute company to answer;
6a. Does the policy of company not to accept cheque as an instrument to clear debt in india was presented before the top management of the company or not? And whether this policy actually exists or it was changed at the whims and wishes of your centre incharge in question in a particular case of my wife?
6b. If the company has decided not to accept the cheque as a legal instrument for clearing debt from 31st march 2017 onwards, please quote the powers vested to the board of directors through the articles and memorandum of your limited company to do so? And please comment in respect of the legality of this decision to deny a legal tender – whether there exists any situation, condition, provision in the constitution and relevant acts to do. And if such situation. Conditions, provisions exists, whether such situations, conditions and provisions were applicable to your company or not.
6c. Are your employees specifically told and directed not to receive any written communication from the client? If yes, is this a part of any training process manual or verbally communicated to your employees or any written communication apart from this?
6d. Is there any committee constituted in your company which keeps a check on the misspelling of products of your company, including the services? If yes, then i request you to investigate the case in front of you in relation to mis-commitments from the centre head in question.
6e. Please put forth the terms and conditions of the package my wife has purchased. The terms and condition listed on your official website is not at all adequate for the purpose of purchasing any of your packages and products nor is the refund policy listed on the website.
6f. Please tell whether it is company policy and a direction to each of the centre incharge not to give in written any of the terms and condition and the refund policy to all your customers.
Finally, i must say that as a citizen of india and a competent officer it was my duty to put forth the management of the company some irregularities and discrepancies as observed in this case which must be thoroughly examined and investigated at your end. Generally, such cases are not reported either to the management or the relevant authorities but in this case i shall see that no stone is left unturned to take a corrective action. What i have reported is truest to my knowledge and to supplement the above facts i recorded my conversation with your employees at that centre whenever i got an opportunity and same shall be brought out at social media forums very soon.
This case may also be seen as an opportunity to take preventive action in future and the same is expected from the management of your limited company. The trust vested upon this management by the thousands of shareholders cannot be mundane and trivial.in such a scenario any assistance from my side shall be available and the present case shall also be carried to the right government forum so that small internal checks and balances can be set right the company.
Thanking you,
Divey sethi
Assistant commissioner,
Service tax, delhi
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