Beatrix Holidays Private Limited - Vacation Ownership Package Fraud

Complaint Against: Beatrix Holiday Pvt Ltd. Date: **th December **** | Amount: INR *,**,*** (excluding EMI interest, bank foreclosure charges and legal costs) Agents: Mrs. Mittal Thakkar & Ms. Sakshi
Fraudulent Inducement vs. Printed Agreement: The sales agents induced us to purchase by explicitly representing in writing (on their solicitation sheet) that the package included "Car | Guide | Driver – **x*" and "***+ International Locations." The company is now refusing these services by taking the defense of the printed agreement which excludes them. However, since our signature was obtained based on the specific written assurance that these services were included, relying on the printed text to negate the specific inducement constitutes Dishonest Inducement and an Unfair Trade Practice.
Violation of Condition Precedent: We verbally communicated that the price of INR *.** Lakhs was viable only if the vehicle and logistics were included. The agents confirmed this inclusion without ambiguity to close the sale. The company’s subsequent denial of this service—again citing the agreement—breaches the absolute condition precedent upon which our consent was based.
Suppression of Material Facts (Exchange Fee Clauses): While the agreement mentions "Exchange Fees," the agents fraudulently misrepresented during the sale that these fees applied only to other/budget resorts, and NOT to the premium properties (Club Mahindra/Karma Group) shown to us. We were never shown a list distinguishing between "Affiliated" (included) and "Exchange" (extra fee) resorts. Post-sale, we discovered all the resorts shown are "Exchange Resorts" attracting undisclosed fees of INR *,***–*,*** per night, effectively increasing the cost beyond what we had communicated made sense for us.
Breach of Express Warranty vs. Non-Refundable Clause: The company is refusing a refund by citing the "Non-Cancellable / Non-Refundable" clause in the agreement. However, we have evidence that their authorized agent (Mrs. Mittal Thakkar) explicitly stated on WhatsApp: "We said first avail the service, and if there is an issue regarding service, take a refund." This specific post-sale assurance acts as a Collateral Warranty that overrides the standard "Non-Refundable" clause, especially since the promised services (Car, International Inventory) do not exist.
Deficiency in Service & Admission of Negligence:

A "Relationship Manager" was promised but never assigned; support confirmed no such role exists.

Customer Support admitted on a call (**th Jan ****) that my formal grievance email was "not read because it was *-* pages long."

The company has failed to deny the specific handwritten evidences of fraud in their email responses, effectively admitting to the misrepresentations by acquiescence.

The company's defense relying on the "Signed Agreement" is legally voidable because my consent was obtained through fraud and misrepresentation of material facts. I have a strong case for:

Restitution: Full refund of INR *,**,***.

Financial Damages: Reimbursement of Foreclosure Charges (*% of principal + **% GST) and Interest already paid on the EMIs.

Compensation: For mental agony, harassment, and legal costs due to their deficiency in service and unfair trade practices.