country club india ltd
- Failed to deliever posession of plot country club india ltd Open
I am writing on behalf of my client Jyotika Mittal/ Rohit Vishal Gupta, who have a grievance against Country Club of India, in short known as CCIL. My complaint in point wise form is as under;
*. My client became member of CCIL by paying Rs *,**,***/-(Rs One Lac Thirty two thousand only), as Cool Global Parivar , on **th August ****, and she was allotted the membership number DT*******.
*. With this membership there was so called complimentary gift of *** sqyd plot at Bangalore, (Approx. ***km) away from Bangalore, on the highway to Andhra Pradesh place know as Vedic Spa.
My client was given impression that it is very near to Bangalore and even in correspondence, it was reflected in main Bangalore whereas the location is *** km away from Bangalore.
*.Further the name complimentary used in order to cheat and befool my client as my client paid hefty amount of membership fees which is not even worth of Rs ***** only on the essence of being issued the plot. So it is just and mere selling of plot and my client has all right title interest under all property acts.
*. My client was further given a letter of allotment of plot as well as contract letter of membership where the plot allotted was told to be registered within ** months on full payment of membership fees which they already paid off before **th August ****. Further my client also told to provide Rs *****/- (Rs Forty Thousand only), towards maintenance charges as well as Registration fee for the plot which deemed to be paid on possession.
*. My client was not offered legal and titleful possession till date as on now even after doing continuous verbal calls and discussions with your relationship teams.
Considering clear discussion with your relationship team that those charges to be paid at possession as it belongs to registration charges, my client did not pay it and waiting for your offer of possession and getting it registered on my client name.
*. Than in year **** and **** and onwards, my client started getting call from your relationship team, that they need to pay in future Rs ****/- per year as annual administration charges to the CCIL.
About these charges, they were never informed at the time of taking membership and it was a hammer out of blue on them, which they refuse to pay.
*. Firstly, that was not informed and also my client has not used the membership for stay in your resorts for even a year, since my client not used your resorts for single year, so no maintenance, administration or annual recurring charges, they are liable. As per the letter provided to my client, Annual management and maintenance charge is Rs ** per points, if the points used by my client. My client not used any single point till now.
*. Reiterating the language mentioned by you in the letter, Management charge falls due which is variable in nature, if it is variable in nature, so it is not fixed and my client not to pay it fixed.
Further it must be paid before point can be use. If my client is not using any of the points, so they are not liable to pay any of the management charge as well as maintenance charge.
*. My client has been issued email dated **th January ****, where he suddenly after * years, asked to pay Rs ***** as Annual maintenance charge for which they are neither liable as per facts mentioned above, not even informed in any of email or written correspondence, not been provided any reminder call or reminder notice from last so many years, no statement attached of such a hefty amount as it must not have accrued over a single year.
**. By chance in October ****, my client happens to visit Jaipur on short notice and requested CCIL to make arrangement for my stay in the Country INN in Jaipur. She was told that she has not given them one-month time for booking, hence she has to pay shorter notice charges.
My client never has this condition in the agreement neither during any discussion with the relationship team at time of availing membership, then why * months’ notice period is required to book.
This is clear case of deficiency and befooling customer and cheating and fraudulent intention from the start so that no booking be made allotted to the customers. No customer plans their holidays in such an advance period of more than a month.
**. By chance in June ****, my client happens to visit Jaipur on December **st and requested CCIL to make arrangement for my stay in the Country Inn in Jaipur. She was told that she cannot book on new year night as it is restricted season for her membership.
**. My client never has this condition in the agreement neither during any discussion with the relationship team at time of availing membership, even though she was told about purple season and specific * or * week only which is restricted for them to visit during those dates.
This is clear case of cheating as such restrictions was never informed to my client and fraudulent intention from the start so that no booking be made allotted to the customers. In the contract attached, very clearly purple season applicable to limited properties.
**. My client was told about exchange office where she can exchange the points and banked if she is not using, my client enrolled for it right from the time of availing membership, no points increment was given to her, neither she is informed about the points banked or not.
**. My client was told about new year and Christmas night pass as well as Holi and Diwali mega events, none of such event invitation was sent to her.
**. My client totally relied on the verbal as well as representations given by your team at time of availing membership as every customer trust on your statement and then take the membership at such a hefty amount and you people are clearly doing breach of trust and liable for criminal punishment.
**. My client was relying on the dream of giving possession in commercial plot in middle of resort which is so called as Vedic spa in Bangalore and as essence of which, she relied and take membership, her dreams were shattered and even after ** years no possession was given, as a result the harassment and mental agony caused to her and her husband Mr Rohit Vishal Gupta is unmeasurable.
**. My client was offered life time membership and accidental insurance coverage of * lacs for lifetime, which was never issued to her and she did not receive any accidental insurance coverage certificate.
**. My client was offered to exchange points at various affiliated clubs in Abroad, my client visited abroad so many times and each time, your none of affiliated club is available for booking, this is serious case of cheating and misrepresenting client so that they buy your membership and then keep playing with your booking team over a years and will not get nothing in return.
**. In contract letter, it was clearly mentioned about Points, that it was particulars of vacation ownership, and giving right of occupation and exists for five consecutive years commencing in first year of use. So very clearly, my client not use it first year and those * years never starts.
As the membership is for lifetime, so any * years she can use paying management charge and maintenance charge only in those * years.
Why my client was billed suddenly the annual maintenance charge of Rs *****, it is serious national issue of cheating customer and you are liable to hold enquiry by CBI, Serious fraud investigation office, Ministry of corporate affairs about your mismanagement.
We reserve the right to write next letter to these departments.
**. As a promise to registered commercial plot of *** sq. yd. in centre of vicinity of developed resort, you are liable for actions under RERA, Property Acts, contractual law and we reserve right to write to CM, PMO, and President of India informing about your affairs.
My client need immediate possession of *** sq yd commercial plot in centre of developed resort. Please take back your letter demanding the maintenance and management charges as those my client never liable to pay, and also provide clear dates on which my client can book the stay and properties.
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