• How to get out of an agreement between two parties

I was pastered by their sales and marketing agents karan and rakinder
to become a member. They brainwashed me and my spouse for 2 hrs and
forced me to make payment the same day for Studio - Blue - 30 yrs
membership for rs 2 lakh with lots of be allurement  like iphone 5s,
domestic tour package, free air tickets, free dubai package, and freee
bangkok package for 7 days, and 15 spa vouchers if i paid the whole
amount in one single shot.
Sales agents karan and rakinder showed the membership pyramid in 3
categories as RED, WHITE AND BLUE where bookings can be done 1-7 days,
7-15 days and 15 to 30 days  respectively prior to desired holiday (
hand written sheets of karan attached with this complaint) . Mr karan
and rakinder assured us that u will get the room of ur choice in any 5
star properties which are owned by the company or they will arrange
rooms in alternative associated properties of CCL .
But to my shock ,in the contract  that booking days are different as
90 to 15 days in red, 75- 30daysin white, and 60 - 45 days in blue
prior to desired holidays which is GROSS false and fraudulent practise
on the behalf of the agents to sell the policy.
Later i tried to book through my membership holiday packages and kept
calling them and sending them emails but every time they refused on
hte basis of one or the other reason. The company stopped responding
for some days and later said the rooms were not available at the
locations we requested.
All the free gifts , tour packages spa vouchers  were forgotten and
not  sent.Similar is the case with  numerous other members all over
india who have been cheated by this company.
H OW  to poove before the court that they did not tell me before that the payment was nonrefundable, since i have not taken anything from them , why dont they return my payment, within 1 month i sent repeated requests and filed a case in consumer court to refund my payment .
Asked 2 years ago in Criminal Law from Bathinda, Punjab
Religion: Hindu
1) issue legal notice to company to refund your money as you do not want their membership for 20 years 

2) in said notice make specific averments as to the false promises made by the sales team and that none of the free gifts were delivered 

3) if company fails to refund move consumer forum and seek refund with interest 

4) also seek compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
46804 Answers
2769 Consultations

5.0 on 5.0

First of all before venturing into such fraudulent deals, you should have read all the information provided by the company carefully and given your consent.  
The agents may do anything to get their business procured for the sake of the incentives they get due to such business procured.
Well, please collect the brochures and all those informations published//written even in a single piece of paper, send a legal notice to the company demanding the refund of the money invested with them as they have failed to keep up their promises assured at the time procuring this investment.
Failing to get any response or non-compliance you may approach consumer forum seeking compensation for loss both physical and mental and also refund of the money they have taken from you. 
T Kalaiselvan
Advocate, Vellore
36928 Answers
403 Consultations

5.0 on 5.0

Hi you have already filed a Complaint in the consumer court for refund of the amount and also for deficiency of services.

2. If you want you can also lodge a police complaint for cheating.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

Once you enter into a contract you are bound by its terms. It is for the offerree to exercise due diligence before signing on the dotted line of the contract. After the execution of contract it is not open to either party to contend that it was not informed about a clause which does not find a mention in the contract. Be that as it may, if you were promised certain packages, which have not been made available, you can cancel the contract through a lawyer's notice and then file a lawsuit for recovery of the amount paid, with compensation.

Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

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