Ref: Club Jiva Membership ID - CJ/MP/OP/SHIMLA/000158 Dt. 05.05.2017. I was in Shimla visit on 5 May, 2017. One person came to me & introduced himself as CLUB JIVA representative. He offered me a scratch card and ensure me to get one of the four prizes if I will attend a presentation from CLUB JIVA. Then I reached along with my family at a Hotel to attend a small seminar. Ms. Sangeeta gave introduction about CLUB JIVA and offered me a membership which was costly. So, I refused but finally they offered us a 10 years membership @ Rs. 1.09 lacs. So I was influenced to pay amount Rs. 30000/- thru HDFC debit card on the same day, and balance was to be paid in 12 monthly installments of Rs. 6400/-. Subsequently I have paid Rs. 32,000/-, totaling to Rs. 62000/-. In between, I got a message from Jiva club that I have to make Service Charges of Rs. 7000/- per annum extra for entire 10 years duration, which was never informed me during discussion in the seminar. I feel that there are lot of hidden terms in Club Jiva, and why should I pay Service charges to maintain the Hotels affiliated by Club Jiva ? In fact, I will get good hotels at the rate of Service Chargess what Club Jiva asking for. After this message, and due to financial crisis, and hidden terms of Club Jiva, I decided to cancel my membership in the month of Oct'17, i.e. after 5 months of joining the membership and requested for Refund after deducting the processing charges, if any. But, totally against my expectation, I received a e-mail reply from Mr. Jaydeep Shetty of Club Jiva, Mumbai Office that membership is non-cancelable and non refundable. Thereafter, I have repeatedly requested Club Jiva to cancel my membership, telephonically, by email, and by a letter sent through Speed post. I have never utilized any service of Club Jiva as yet. But no response. Kindly advise me what is to be done against this for getting refund of money paid by me Regards, RN Nair
Hello,
What does the terms and conditions talks about the cancellation and Settelment thereupon?
You may send a legal notice to them and thereupon file a case in the District Consumer Forum to claim the refund alongwith compensation for mental harassment and legal charges.
Regards
What were terms of grant of membership.?
2) is there a clause that on cancellation of membership money paid would not be refunded
3)if there is no such clause file complaint before consumer forum and seek orders to direct company to refund your money after deducting cancellation charges
1. Have you received any brochure or application form detailing the terms of the membership of the said club before applying for it?
2. If they have kept any hidden terms which they claimed later on, you can file a complaint case before the local District Consumer Dispute Redressal Forum against the said club and its high officials alleging deficiency in service and unfair business practice claiming refund of the entire amount in cluding the processing charge with interest, damage and also cost.
3. It is a good case to win if you have documents in your possession as evidence in support of your allegation.
Send a legal notice seeking immediate release of your refund.
If no heed is paid to the legal notice, file a summary suit for recovery against Club Jiva.
You have the option to approach the consumer forum too.
Dear Sir, you can file complaint before.district consumer forum as this is under the unfair trade practice as all conditions were disclosed to.you while you opted for service also further terms and.consitions are imposed on you.
You should file for cancellation refund and damages under consumer protection act.
Have you signed agreeing to their terms and conditions?
Did you read the terms and conditions for this membership?
Is there any such clause clause non-refundable?
Not only this club, there are plenty of such clubs cheating general public in our country.
In the beginning it will be very attractive and cheaper with all those big promises, whereas
after having paid the heavy amount that was demanded periodically, you will realise that you are cheated properly and that too in a manner that you will not be even able to claim anything legally.
Anyway you may issue a legal notice about this and demand the booking amount after which you can drag them to consumer forum for deficiency in service.
Consult a local lawyer and discuss the matter fully before initiating any legal action.
Hi, send legal demand notice and then file a case for recovery
Dear Sir,
Such services being introduced frequently and talented youth being used to convince the innocent citizens to become members of such clubs. In order to get refund of such amount to some extent you have to struggle a lot. Anyway you must claim refund otherwise they may go on getting new memberships. Immediately you may lodge police complaint, legal notice and then approach consumer forum for deficiency of service etc..
Dear Sirs, Many thanks for your answers. There was very small terms in the agreement signed by me without reading that Annual Service Charges are non-cancelable and non refundable policy. Kindly advise what is to be done now ? Regards, RN Nair
If you have signed such terms then nothing much can be done at this stage
1) file complaint before consumer forum
2) mention that you cancelled your membership but they refused to refund your money
3) seek refund of money paid by you with interest
Sir copy of agreement need to be perused for further advise.
Because if you have signed an agreement whereby it is mentioned that extra charge may be levied than it may.be possible that consumer forum may not grant you relief but they levied the hidden charges than obviously it is violation of the agreement.
Dont worry about the clauses of refund or the conditions which forbids you from claiming anything, you can proceed with the proposed legal action.
Let him defend himself in the court of law which can be challenged accordingly.
1. There was no mention of the extra amount they claimed towards service charge per year.
2. So, you have the right to cancel the contract since they themselves added extra condition (of paying service charge) to the contract for which you become entitled to cancel it or opt out of it.
3. File the consumer case as suggested in my earlier post.