• Fraud in club membership

Hi I bought a club membership. I visited club with my friend who is all ready memeber in that club.at that time we visite in office of club and told clerk to get new membership purchase and we dropped cell no. After couple of weeks phone from that clerk that someone wants to sold their membership to us.we meet them and finalize all financial deals. After that clerk give us one form whitch has to sign and one page of notory that I will done and with other kyc and transfer fees I submited to club office after that time they told us to come a personal interview with one of the club director (who is incharge of all transfer cases cometee). So my self and that person who is solding their membership person is also comeing for that interview whitch is club's membership transfer process. We appear with director of club and director asking some questions to member why r u sold membership and others about club. After that they says to me that welcome to club family. After this process i paid to that membership holder.and I back home after 2 to 3 days when my transfer fees chaque to club pass from my account that clerk again call me to say that please come with your family for get club membership I card to the club office. We went to office and get our icard whitch is used to club entry. After some time I received a receipt of transfer fees and a welcome letter sign by precident and vice president. After that we used club requler and paid all over dues on time to time.after 1 year of time one day club stop us for entry and told us that u purchase a fruad mebership. After that I knew that total 38 membership has that type of issues (among 38 person only 2 peopel clear all process done whitch is required by club)...need some guidance what can I do for this
Asked 4 years ago in Consumer Law

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20 Answers

Hi,it is advisable to file a police complaint so that the investigation can be made about the fraud ..Also if it is modus operandi of the club ,you can file complaint in consumer court for the refund of the amount 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. If the purchase was fraudulent then the persons from the club us also equally responsible.  So inform the club about the involvement of club members and seek refund of your money. 

2. Now if club doesn't refund your money then you can fie criminal case of cheating and forgery. 

3. Since the meetings were held in the club its responsible to refund your money. 

Devajyoti Barman
Advocate, Kolkata
22835 Answers
490 Consultations

5.0 on 5.0

File complaint against  director, clerk of club  and seller for cheating under section 420 of IPC 

 

you have paid transfer charges , have been interviewed and admitted as member 

 

Issue notice to seller for refund of your money 

 

 

Ajay Sethi
Advocate, Mumbai
94778 Answers
7545 Consultations

5.0 on 5.0

Dear Sir,

You are suggested to file the complaint of cheating and fraud against the persons to whom you suspect and ask for legal action and refund of the money with interest as well as compensation. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

In the case filed by the club, you be a witness and you may separately file the case of defamation etc. and ask for the compensation from the club as well as from the individuals who were involved in the case. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You should also file case against club ,director , clerk 

Ajay Sethi
Advocate, Mumbai
94778 Answers
7545 Consultations

5.0 on 5.0

If membership is canceled then every money paid to vlub us refundable. Club can't retain the money and cancel the membership both.

Even the money paid to ckerk is to be refunded by vlub. Do send it legal notice immediately. 

Feel free to contact. 

Devajyoti Barman
Advocate, Kolkata
22835 Answers
490 Consultations

5.0 on 5.0

If that was a fraud membership that you purchased then why didn't they object to it at the time of granting you membership??this is absurd!! They also took an interview and then after 1 year they dismissed your membership. File criminal complaint against them for defrauding you and duping you of money.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Club is cheating all. Transfer was process by director of club and welcome letter signed by president. Transfer was in their knowledge from first day and amount is transferred to member seller at the instance of management and club account.

If you will not file FIR agaisnt the management, amount will never recover. Clerk cannot be held liable because he received no payment and transfer of membership is approved by management.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22648 Answers
31 Consultations

4.4 on 5.0

Hi 

It is apparent that you acted in good faith and trust and paid all the fees associated to being a member of club. 

Also it is apparent that you have been permitted to use the facilities of the club for a period of 1 year. 

It may be possible that a  fraud has been  committed by the clerk of the club, in connivance with some of office bearers of the club and also the member who sold his membership to you. 

But the fact remains that at no point of time, the management committee enquired with you about the fraud and also that management committee permitted to use the facilities provided by the club for a period of 1 year. 

So, initiate a civil proceeding against the club and management committee with a prayer to permit you to enjoy the facilities of the club without any interruption . Courts will be happy to grant an injunction in your favour given that club is a public utility. 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Cheating complaint will be Maintainable. If the club is service provider also the compensation can be claimed from consumer court. 

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

- After going through your submissions it is looking that the said club officials including directors are engaged in the business of cheating in the name of club membership.

- You should send a legal notice to the director of that club for the refund of the amount , and thereby mentioned that in case no refund the amount paid by you , you are bound to take legal action. 

- If, no response, then you can file a complaint before the consumer court on the ground of deficiency of services.

- Further , lodge your complaint after narrating the whole episode , to the police , higher officials and Economic offences Wing of Ahmadabad. 

- There is no fault by the clerk , and the club has filed case against him  , only to divert attention and a safeguard of top officials including director , who has arranged meeting with you and the said seller. 

Mohammed Shahzad
Advocate, Delhi
13261 Answers
198 Consultations

5.0 on 5.0

1. Most clubs offering such memberships are frauds.

2. You should read fine prints very minutely.

3. Unless all terms of club membership are perused threadbare it cannot be said whether any offence is made out or not.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You should also file a police complaint against the club for selling you and allowing you on a fraud membership. 

That interview process at the time of you purchasing the membership in front of the director makes that director liable for making you buy fraud membership. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Since you have done the formalities to transfer the club membership from an exiting member to your name properly following the legal steps as suggested and also have transferred the fee for the purpose and have an acknowledgment, moreover you hav been provided with the welcome kit and other identity cards recognizing your membership with the club, you can handle it legally.

You first send a legal notice demanding relief from the club president in this regard, if you do not get a favorable reply or if no solution is arrived then you can approach court with a suit demanding damages for the insults and defamation caused to you and also to declare your membership as valid based on the documentary evidences you have in your possession.

 

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

Since you have documentary evidences to prove the issuance of membership to you, the case filed by the club against the clerk has nothing to do with your case.

You may take it up legally through court of law seeking direction to the director or president of the club to accept your membership and provide you the desired relief.

 

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

You should also file a case against the club for taking interviews and afterwards rejecting you.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes, you can file complaint under Sec.420 IPC.

The complaint has to be filed on the said Clerk, and all officials involved in the issue viz., Club Director, President & Vice President etc.

As far as your obligation is concerned, you have complied your part of activities by paying the membership fee and complied with all their requirements, and that, the membership was also availed for more than one year. 

Thus going by above, you need to issue notice to all concerned followed by filing case on the above said persons.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. You can file case against club in consumer forum for selling you not giving you access on ground of fraud membership which was duly transferred by following all the guidelines of club.

2. You can take ground that your membership cannot be cancelled on ground of fraud committed by its employee and club is liable to give you complete access as member.

3. Membership letter and welcome letter from president of club is proof that membership was purchased after following all the complaince.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Issue a legal notice to seller for refund of your money. 

you can file complaint u/s 420 cheating against club managment. 

 

 

 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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