Country club fraud
deepak
(Querist) 02 December 2015
This query is : Resolved
Dear Sir,
COUNTRY CLUB (http://www.countryclubindia.net/) has cheated and the company has done a fraud with us and this company is actively involved in doing FRAUD and SCAM with the India Citizens and I am writing this application for your guidance.
1. I have met Mr. Manoj (Country Club Sales Manager, Ansal Plaza,New Delhi) in a Hotel in Jhansi (U.P) on 25 Oct 2015.He presented a proposal and requested me to join the Country club membership. Mr. Manoj have taken a cash amount of Rs. 50000 and cheque of Rs. 175000 on 25 Oct 2015 and provided the receipt of the same on next day i.e. 26 Oct 2015.
2. After going through all terms and conditions, I decided not to go forward with the Membership and did a STOP payment of the cheque on 26 Oct by requesting Bank Manager to Stop the payment. I have the Proof of the Application.
3. On 1st November 2015, I have informed customer care department and also sent them an email informing about my decision as NOT TO BECOME MEMBER OF COUNTRY CLUB. However I have received a letter on 23 Nov. 2015, where COUNTRY CLUB company has sent an agreement executed at Hyderabad on 7 November 2015 (Agreement Stamped at Hyderabad) but I have never done any such agreement with the company on 07 November 2015 and I was in Jhansi on 07 November 2015. I have never signed any agreement on 07 November with the Country Club India and i was in Jhansi (U.P) on 7 November 2015.I have valid proofs to show my presence in Jhansi on 07 November 2015.
My Query is :
Q1. Can Country Club execute a legal document on 7 November 2015 in Hyderabad where i have not Signed the legal document on 07 November 2015 in Hyderabad.
What is a legal action and punishable clause which can be taken against country club.
Q2. I have done a STOP payment of the cheque on 26 Oct 2015 as i was not convinced with the terms and conditions of the country Club.
How i can justify this to country club India as they are claiming that doing a STOP payment is a punishable act.
I have not taken any loan or does not have any pending liability from Country Club so i do not understand that this is a punishable act.
What is a legal action which can be taken against country club.
Request your guidance on this.Thanks.
P. Venu
(Expert) 03 December 2015
There is no need to take any action as you have avoided the agreement and has not suffered any loss, financial or otherwise. You have stopped the payment on legitimate grounds and hence no action under Section 138 NI Act lies.
Kumar Doab
(Expert) 03 December 2015
When was your letter dated 01st Nov received by the company? Obtain the POD from PO.
Has the company refunded the cash amount paid by you?
Rajendra K Goyal
(Expert) 03 December 2015
I have informed customer care department and also sent them an email informing about my decision as NOT TO BECOME MEMBER OF COUNTRY CLUB.
___ Have you sent any registered Ad / written letter regarding this to club? Have you any written proof in support to your claim?
However I have received a letter on 23 Nov. 2015, where COUNTRY CLUB company has sent an agreement executed at Hyderabad on 7 November 2015 (Agreement Stamped at Hyderabad) but I have never done any such agreement with the company on 07 November 2015 and I was in Jhansi on 07 November 2015.
______ Have you replied the letter through your lawyer or otherwise? Club has created proof of liability by advising you.
Can Country Club execute a legal document on 7 November 2015 in Hyderabad where i have not Signed the legal document on 07 November 2015 in Hyderabad.
___ Have you signed any such agreement in blank?
What is a legal action and punishable clause which can be taken against country club.
__ Show all documents and discuss with your lawyer.
I have done a STOP payment of the cheque on 26 Oct 2015 as i was not convinced with the terms and conditions of the country Club.
__ Have you informed in writing through registered post that you have stopped the payment and do not want to proceed with the membership?
How i can justify this to country club India as they are claiming that doing a STOP payment is a punishable act.
___ They have agreement with them justifying your liability and cheques with them which were bounced, you have to gather proofs to defend you in case of need.
What is a legal action which can be taken against country club.
___ On what grounds?
Rajendra K Goyal
(Expert) 03 December 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Country-club-fraud-and-scam-573226.asp
K.S.Srinivas
(Expert) 08 December 2015
Maintain silence. Country Club can not take any action against you. If you receive any notice from the club, give reply in consultation with the lawyer.
