I want cancel purchased membership holiday club agreement.
Querist :
Anonymous
(Querist) 03 May 2017
This query is : Resolved
Yesterday we (me and my wife)visited to holiday club as per they that we won one gift hamper what coupon we field. When we are in there office they told we have to attend 60 min seminar. In that they impressed us for there club offer of rs. 87000s package even they didn't give a time to think about it and suddenly swiped our credits and debit card both we didn't understand what is happening. And after swipe of rs. 46000 they signed agreement from us. What terms and conditions they orally told us. Not gave any single movement to read these. When we are at home we carefully read all terms and conditions in that agreement. Theres only one sided clauses mention in the agreement . They only mentioned that the amount shouldn't be refundable. There no policy mentioned of cancellation or customers fever.
Sudhir Kumar, Advocate
(Expert) 04 May 2017
a fish will never be caught without bait.
You became greedy and got cheated.
There is no cancellation clause so you are not getting money back.
Guest
(Expert) 04 May 2017
That is their style of extracting money from the public. Sweet pilled pursuit makes a man falsely lured towards their offer.
But, nobody could have compelled you to sign the agreement without reading. You could have told them that you would sign the agreement only after reading the its terms. Now if you file a case for refund, only a very smart lawyer can help you, who can convince the court that you were made to sign the agreement without reading.
Rajendra K Goyal
(Expert) 04 May 2017
No reply to query from an author who is anonymous.
Guest
(Expert) 04 May 2017
I see criminal angel to the case , see criminal don't allow others to think , they give you great success picture or beautiful world and distract you and their goal is to take your money.
Mostly which level criminal or fraud people they are I can not guess , some may be genuine or some may be criminal who may become invisible soon .
Question is recovery of 46000 now go to local police station and with help of them try to immediately locate them because they may be still there get all details or police Dept should have where they reside , whether genuine civil matter or they are criminal showing and giving impression it is civil matter and doing some criminal activity beyond your imagination.
If they happen to be genuine person and their boss or person handling remote control is genuine then it will be civil.
If they or their.boss is criminal who is going to cheat people then with criminal side adv you need to take step .
But to recover 46 000 don't expect free
Guest
(Expert) 04 May 2017
I see criminal angel to the case , see criminal don't allow others to think , they give you great success picture or beautiful world and distract you and their goal is to take your money.
Mostly which level criminal or fraud people they are I can not guess , some may be genuine or some may be criminal who may become invisible soon .
Question is recovery of 46000 now go to local police station and with help of them try to immediately locate them because they may be still there get all details or police Dept should have where they reside , whether genuine civil matter or they are criminal showing and giving impression it is civil matter and doing some criminal activity beyond your imagination.
If they happen to be genuine person and their boss or person handling remote control is genuine then it will be civil.
If they or their.boss is criminal who is going to cheat people then with criminal side adv you need to take step .
But to recover 46 000 don't expect free
Sudhir Kumar, Advocate
(Expert) 04 May 2017
There is absolutely no criminal angle.
He was given an agreement and he signed it. He was keen to hand over Rs 46000/- to them and they were keen to take.
Given facts do not indicate any snatching
Given facts do not indicate any theft
Given facts do not indicate any cheating
Given facts do not indicate any breach of trust.
Given facts do not indicate any forgary.
Given facts do not indicate any robbery.
Given facts do not indicate any Impersonation
Given facts do not indicate any misrepresentation
Given facts do not indicate any duress
Given facts do not indicate any extortion
So what Police could do.
Even if it is criminal case, it is not the power of police (except hindi movies) to restore cheated / stolen / defrauded money to complainant.
Guest
(Expert) 05 May 2017
Sir ,
You are right that it don't looks criminal case but while dealing with graduate criminals etc. experience is bit different which I had.
I called them professional educated criminal they have some tendency which I noticed that they try to put burkha of civil angle for their criminal deed and after investigation it is some time found they indeed have many dozen criminal case already pending on them and with expertise in criminal matter they learn to give civil angel with help of professionals.
In this way they avoid police dept , criminal procedure code and with some specific time become invisible from everyone radar .
If it is honest civil dispute experience is they don't run away or at least they have fixed place like residence etc where they are always located and if same person address is not found then sure they are professional criminals.
There are so many Trust / Pvt Ltd company which are indeed made by criminal to do criminal activity and to keep money in that account and give prima facie picture it won't look as criminal but it can be .
Unfortunately such advice how to make Trust /Company etc and how to put burkha on criminal activity some people from legal field only give to this people and this is truth.
Legally police dept can not do anything since you have signed agreement this is 100% correct but that group/gang wherever they are present they make their comfort zone and do max. criminal activity in short time and then run away to different location so they are not traced .
Guest
(Expert) 05 May 2017
:D Legally Police dept don't have powers but when you visit Police station some time parallel court runs there unofficially where they sort out many dispute taking commission and this is unfortunate reality of Police station (At least I have seen) in some places and this work is done for lower income group
See if you say police station don't have powers to restore items /money directly this is theoretically correct and as per law books but practically police officers do many more things specially related to fraud people and this is ground reality .
Guest
(Expert) 05 May 2017
Additionally this case can be a case of mesmerizing of victim too .
Cash Mesmerizing/hypnotize I have heard many time , specially with cashier . How they exactly do I don't know but regular complaint goes to Police station in this regards every where.
In Mesmerizing they manage to convince the victim to give money to them personally , and victim notice it after some time that he/she has given money to them
So I feel this can be advance thing of it too or due to technological advance steps required to be done by victim may be same or limited since only he has to press Pin button , or do some signature and remaining thing done by them
Sudhir Kumar, Advocate
(Expert) 05 May 2017
I agree that at times police uses extra-legal powers to extract defrauded amount but there is no fraud in this case. the club is well fortified by the agreement he signed.
It is not even a civil dispute he has signed an agreement and handed over money by swiping card.
They have used his agreed to call upon him to sign not used any force or duress.
Sudhir Kumar, Advocate
(Expert) 05 May 2017
Notwithstanding my above views.
In case he can prove that the club did not at all have any facility which they are offering in brochure (which they will not be having) or in agreement. Then there is a civil as well as criminal case.
Given facts so far do not show anything like that.
Querist :
Anonymous
(Querist) 07 May 2017
after 6 days complete i have not received any membership id . i signed in 100 rs bond paper . this bond are not notarized . if possible to cancel my membership ?
bond are valid without notarized (100 rs non judicial stamp paper ) ?
