• Stuck with country club

I inadvertently got stuck in the membership with country club. I have not availed any services so far. They had told me that they had some property in Auli at the time of membership. I was cheated in paying AMC and when I asked for booking in property, they told me that they did not have any property in Auli. I have sent them the e-mail for cancellation of membership but no reply. How do I get my money back. Is there any legal remedy available?
Asked 3 years ago in Criminal Law
Religion: Hindu

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18 Answers

1. Sir serve them a legal notice for deficiency in service and malpractice further kindly see all membership documents in which is the property in Auli is mentioned.

In case they fails to cancel or refund amount file a complaint before the consumer court before the district forum.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

you should file a complaint in your jurisdiction police station U/S 420 ipc and also you can file recovery suit in Civil court.

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

Hi, to get the money back from the country club , you can file a complaint at the consumer court

Hemant Chaudhary
Advocate, Gurgaon
4617 Answers
55 Consultations

4.9 on 5.0

Sir you have to serve your friend a notice (legal notice) asking to return the friendly loan amount given to him in case he doesnot reply to notice you have to file a recovery suit (summary suit ) in the civil court.

Further the notice need to be served on his address in physical copy. Find out the address serve the notice and file a suit.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

Dear Concern, this is relation to your country club membership and auli property issue. You may approach consumer court for getting your money back in form of a compensation. However, it all depends on the basis of any communication you have received from them in connection with promise to give the property in auli. Also, at the time of paying money towards auli property which is a.consideration, and if they have received it you may be having a communication.from them in that regard.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

Reply to the first question-

You can go to the consumer forum and file a consumer complian against them for the cancellation of the same as well as for the return of money.

Reply to the second question-

You should first serve him a legal notice in his phone number itself as well as in his email ids if have.

If no reply then use the same legal notice as intimation to him, and file a suit for recovery of meh in the civil court of law with interest from the date of filing the suit till its completion.

You can very well give his phone number only, and request the court to issue summons after letting his adddress recovered from the agency of government.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hello,

1) One needs to see the terms and conditions of the membership to determine the best legal course of action. Whether availing the services or registration of property was part of the deal need to be looked into.

2) You have to get a legal notice issued to him selling the cancellation and refund was applicable after mandatory deductions.

3) You can approach the consumer forum if the notice does not yield desired results.

S J Mathew
Advocate, Mumbai
3355 Answers
163 Consultations

5.0 on 5.0

File complaint against country club before consumer forum and seek orders to direct club to refund your money with interest

2) also claim litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

Send him legal notice through email to refund your money with interest

2) if he fails to pay file summary suit under order XXXVII of code of civil procedure to recover your money with interest

3) you need to find out his residential address for service of summons

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

Hello,

Send a legal notice to the country club.

If they do not respond to the same then file a case against them in the consumer forum.

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

Again send a legal notice to the friend if he does not respond then file an FIR against him for cheating.

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

There is no likelihood of getting your money back from the country club.

Not only you, there are plenty of such disappointed souls who fee that they are being cheated by the club, which while enrolling the members would have a sweet face and honey coated assurances.

Whereas when it comes for the facilities or the assured privileges, you will not find anything or you may be shown a sub-standard facility.

Well you may send a legal demand notice seeking return of your booking amount, if they commit then you can try for at least partial refund or else there is no guarantee for your money until you take up this matter legally.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

You send a legal demand notice to his address.

You can find out his address through his bank account number to which you transferred the amount.

alternately you can lodge a criminal complaint against him with the local police station giving his phone number.

The police will be able to pick him up[ through the given phone number itself.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

1. This is cheating and fraud. Immediately file a FIR under section 406 IPC for criminal breach of trust and 420 IPC for cheating. You may also file a suit for recovery of money against it in the competent civil court.

2. In so far as the money lent to friend is concerned, you may initially serve a lawyer's notice to him and then file a suit for recovery of money in the competent civil court.

Ashish Davessar
Advocate, Jaipur
30752 Answers
923 Consultations

5.0 on 5.0

Hi,

You are required to send legal notice in both the cases.

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

Approach consumer forum for return of money.

Ramachandar Desu
Advocate, Bangalore
23 Answers

Not rated

Send them a legal notice to them seeking full refund of the money that you have paid to them in the name of membership fee.

Looks like you've been trapped and cheated on account of their false promises.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

Send a legal notice to your friend for recovery of your loan.

Send this legal notice to him on his email and WhatsApp.

File a summary suit for recovery incase he fails to respond.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

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