Is non-refundability before receiving a product legal in India
I got a call stating that I have been selected through lucky draw so I’m entitle to a free kitchen set, gift voucher of Rs 25,000/- etc. Next day (05 July 2016) me and wife visited their office (address mentioned above), we had been taken through a season explaining their membership plan and we were promised few benefits which seems to be very interesting, So we made a down payment of 100,000/- through the credit card, we kept on asking them that please show us the agreement so that we have go through it thoroughly however after making one transaction (of Rs 50,000/-) they came up with the agreement and they did show only few things i.e. the period of the mentioned the total membership amount , there is free one way flight ticket post paying the entire membership amount, they didn’t even inform us that the membership cannot be Cancelled. When we returned home and go through the agreement we found a huge disparity in between the agreement and what we have been told by the time of taking the membership. Immediately I opened up google and checked the reviews, I saw there the same story is happening with everyone whoever has invested their hard earned money to the country club. They are applying the same tricks with all the customer, everybody is getting selected by their lucky draw. So based on the false promises we came to the conclusion that the membership has been Mis-Sold to us. By 9th of July 2016, again I visited their office and sent an email to the customer care but they are also not willing to cancel my membership and refund my money.
The commitments which were made by the time of taking the membership is mentioned below:
1. We have already paid a down payment of Rs. 100,000/- through credit card and we have converted the entire amount in 36 month EMI option, and we have been told that the remaining amount can be paid after 3 years as per our convenient (500/- or 1000/- per month), but now I am being asked to pay the remaining amount at the earliest by the country club. At the time of taking the membership we have already explained our financial condition to the sales person and we also informed him that until and unless I pay the entire amount to the bank (Rs 100,000/-) I will not be able to pay anything to the country club at least for the next 36 months, and that was also agreed.
2. We were told that we will get a flat 50% discount on the base fare on flight booking on every holiday we book, for example If the total base fare is 30,000/- then we will have to pay only 15000/- but that flight has to be booked through their Android app, however there is no option for flight booking through app.
3. We were told that if we pay the annual management charges than we will not have to anything for hotel booking (own property or Tie up properties), however even after waiving off the annual management charges for the first year, we are being asked to pay 1000 per night for the hotel booking.
4. we were told that we will be getting a HDFC health insurance along with the membership, however we have enquired about the same to the customer care but they are saying that they do not provide any such insurance.
The Clause which were not discussed while taking the membership.
1. We were not told that the membership cannot be cancelled, otherwise we wouldn’t have invested one Lakh rupees for the membership.
2. We have not been provided a minimum time to go through the terms and condition, as each and every company provides a minimum time to read the offer document carefully before investing, but the sales person was very sceptic about the fact that we may not agree to sign off with agreement if read out the complete agreement form, that’s why they were in a hurry of swiping my credit card in your POS machine.
3. We are not also informed that we can not avail the full service until and unless we pay the entire amount, we get to know we your company sent me an email to pay rest of the remaining amount.
So The points which are not added to the Agreement We Simply asked them to add those points to the agreement so that I continue to get the service for the next 30 years, however they are simply denying to give me revised Agreement.
I Have Voice Recording Of The Sales Representative Stating These HDFC Life Insurance And 50% Flight Discount.