• Got cheated by Country Club / Country Vacation

1)	On 24rd of August 14 I was called for a meeting at Amrutha Castel to come and collect some free gift own in a lottery. I and my wife attended that meeting based on curiosity.

Same day during this meeting, we were offered Country Vacation plan, where a manager from that team, Mr. Ahmed, explained about this offer. That offer consist of following point but not limited to 
a.	6 nights and 7 days of vacation yearly at any Country Vacation/Country Club resorts and hotel throughout India and world. 
b.	During stay, a car with driver cum guide
c.	Up to 40% discount on Air Fare.
d.	Other than me, my wife and 2 kids, if I want to take any other couple, they will provide a separate room with nominal charges or if I am reducing my vacation days no need to pay anything.
e.	There won’t be any off season and I would be eligible to book my vacation throughout the year.
f.	4 star or similar hotel

Team also didn’t allow us to take decision later because that offer was valid only during that meeting on the same day.

After taking some time and looking at their lucrative offer, we planned to join that club.
I paid 1.5 lakh in two different modes. 75,000 through HDFC debit card and 75,000 through ICICI Bank Credit card in 12 EMI.

After one week of taking this membership we planned for a vacation as in the last week of September and I approached their reservation team to book me a room in Kerla Munnar for 4 nights and 2 nights in Kerla Kovalam. Then I was clearly told that all rooms are booked in advance and there is no availability. I approached them several times and requested them even for 2 or three days. But I was clearly told that no availability.

Today on Sep-5, they are saying no vacancies for Goa in December last week, Christmas or New Year.

After complaining to their Central team and asking to cancel my membership, I got 5-6 different calls, however no one confirmed me any booking during that time, rather they were giving me different options.

Later I went through Internet and realized that this is an issue and even previous members are not able to book any vacation in last 3-4 years during any festive season as they are always told that rooms are not available.

After several call asking to refund my money, Country Vacation team denied any refund.
Asked 2 years ago in Civil Law from Hyderabad, Andhra Pradesh
1)you have already made full payment to country club on basis of assurances that there  won’t be any off season and  you  would be eligible to book your  vacation throughout the year.

2) since country club has been unable to offer you vacation facilities on account of shortage of rooms you can issue legal notice to country club to cancel your membership and refund sum of Rs 1.50 lakhs paid with interest . 

3) if it refuses to do move consumer forum for deficiency in service and seek refund of Rs 1.50 lakhs with interest and also compensation for mental torture you have undergone
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1.lodge police complaint against them for cheating at the earliest in PS.

2. you can also file criminal complaint in magistrate court against said country club under section 420 of IPC.for cheating you.

3.you can also send legal notice to them to cancel ur membership immediately and refund amount of Rs.1.50 lacs with interest to you asap.

4.if you do not get any response from them then file consumer complaint in consumer forum against them for refund of Rs.1.50 lacs with interest and damages.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. This is apparently a case of fraud and cheating. When you had accepted the offer and remitted the money through a legally permissible mode of payment of money it was obligatory on the the club to either arrange for your accommodation, failing which it ought to have refunded the money to you at the earliest. 
 
2. I hope you have the brochures of country club or any other written communication wherein and whereunder you were offered this package. This is of paramount importance as oral allegations do not have any legal value in a court of law.

3. Since the club has failed to honour its promise you should issue a lawyer's notice to it seeking the cancellation of your membership and refund of money paid by you. If it does not accede to the demand made in the notice then move to consumer forum and file a case for refund of money with interest and also compensation for the torture undergone by you due to the deficient service by the club.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1. Before filing the case, consider what ground the other side will place to understand your legal position better,

2. The Country Club has offered you accomodation stating "there won’t be any off season and I would be eligible to book my vacation throughout the year",

3. Have they told that they will keep rooms vacant for you or will vacate rooms by evicting boarders to accomodate you whenever you come?

4. You shall have to find out first whether really all the rooms are booked or not for which they are refusing your booking during season. You can find it from the website,

5. For a test, you can book room for next year during season which certainly is vacant now & if they accept your booking then it is evident that they have refused your booking for non availibility of rooms which have been already booked by others,

6. Consider the above & if you have sufficient counter arguments on the above matter, file consumer complant case before the local District Consumer Dispute Redressal Forum.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
Dear Client,
It is purely cheating on the part of the Country Club. You are advised to file a police complaint against  the country club at your earliest. Issue a legal notice to the Country Club to refund the amount paid by you with interest and compensation, if they not comply with the legal notice file a civil suit for the recovery of the paid amount with interest and compensation. The civil court will pass the decree against  the country club not only to refund the amount with interest but also liquidated damages and cost to the suit.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
Namashkar
1.issue a legal Notice with detail information abiout what happend in between you and club.give some time for their reply.
2.Immediatly file a cheating case  against the club near by police station of your  residence.
Namavarapu Rajeshwar Rao
Advocate, Hyderabad
13 Answers
0 Consultations
3.7 on 5.0
You have made payment of full amount based on their verbal assurances and nothing in writing.Since they have failed to provide services as promised, immediately issue legal notice and then file case in consumer forum claiming your full amount with interest,compensation for harassment etc and also costs.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Hello,
Your case has an element of cheating and deficiency of service.
You have proof of payment as it was made through debit and credit cards
Though you have no written or documentary proof you could still send a legal notice to the county vacation and if they fail to comply with refunding the amount with interest by cancelling the scheme you can approach consumer court with a complaint for deficiency of service and get compensated for mental harassment.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Country Club can be booked for Cheating, and recovery . As on the basis of commitments by their sales managers , you have already made full payment of 1.5 lacs to the country club, you can claim for the refund of the money with interest.
Country club failed to perform on the duties committed and services offered ,on the basis of all the written communication you have with them , you should immediate file a complaint at the nearest PS .
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
4.7 on 5.0
This is fraud and cheating, so you should lodge a criminal complaint against  the country club at your earliest.
You can send them a legal notice through a lawyer thereby demanding cancellation of membership and refund of Rs.1.5 Lakh. If they fail to comply with the legal notice then you can file a case in Consumer  forum for deficiency in service and seek refund of Rs 1.50 lakhs with interest and also compensation for mental torture you have undergone
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
Dear Querist
If there is any agreement signed by you and representative of country club then you can file a case as per the agreement. 
First of all send a legal demand notice and give them a period of 7 days to refund your money if they are not ready to make the payment within time then file a complaint before magistrate or police or file a civil suit for recovery against them before court.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Hi, first issue legal notice for deficiency of service and file a complaint before the district consumer forum for deficiency of service and refund of the membership fee.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
you must register a FIR for cheating.  This is a breach of contract so you can file a civil suit also either for specific performance of contract or recovery of money with interest.

You collect all evidences against the company and contact, if possible, those persons already cheated by the company and file civil suit collectively. 

You can file a case in consumer forum for recovery of money with interest, this the cheapest   medium to get your money back because you pay nominal fee, no court fee applicable ( in civil suit you need to pay court fee on rs 150000 it may cost near about rs 5000)
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0

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