Club Mahindra, Misrepresentation of Facts
To, Date: 23/12/2011
The MD Day: Friday
Mahindra Holidays & Resorts India Limited
Mahindra Towers, 2nd Floor,
17/18 Patullos Road
Mount Road
Chennai - 600 002
Tamil Nadu.
From,
Praveen Kumar R Ramteke
CM Member No: 2369338
A6-12 Green Acres Apartment,
Kamaraj Nagar, Perungudi,
Chennai 600096
Tamil Nadu.
Sir,
Subject: Membership Cancellation and Refund of Amount Rs. 27,500
I would like express my disappointment and share my experience with you with regards to my membership with CM. Here, I want to state that I am really very upset with the kind of response I have received from Club Mahindra regarding my membership cancellation. The issue is regarding misguiding and misleading the members like me who really trusted your brand name.
A few months ago, my wife received a call from one of the sales personnel of Club Mahindra at Express Avenue Mall, informing her that we had won 2 days and 3 night holiday voucher and that to avail the same; we would have to attend a presentation.
The executive of Club Mahindra mentioned to us that we would get a free holiday gift from Club Mahindra without any terms and conditions. Though we confirmed at the time of the call whether there would be any terms and conditions, we were assured that there would be none. On good faith of the Mahindra brand, we trusted the executive and made time from work to visit the Club Mahindra office on the same day.
Here are some facts and events of what transpired prior to and subsequent to the sales presentation and me becoming a member of Club Mahindra.
1. The Sales Executives, (Names: Mr. Karthikeyan and Mr. Asif) (THE FACTS)
1. Told us that our membership was a formality and temporary only to avail the special offer without any terms and condition for any extra payment
2. That we had to pay an initial amount of Rs. 27,500 towards the membership.
3. That we would be free to cancel this formal membership after availing special offer and no extra payment will be asked to pay.
4. That if we did not wish to continue our membership after the complimentary trip, we could cancel our membership and get a full refund of the subscription amount (Rs. 27,500) – no questions asked. The Sales Executive was also ready to provide us a written letter to the same effect. However, on good faith of the Mahindra brand, we trusted the executive and did not push for the letter.
Based on these assurances, we subscribed for Club Mahindra Membership -'Studio White’. As subscription fees, we paid Rs. 27, 500/- and were to pay remaining in monthly installments only after we had completed and returned the complimentary trip and were satisfied with our experience.
2. Special Offers Made during Membership Process (THE FACTS)
1. Apple iPad2
2. One week free overseas vacation with RCI
3. Two complimentary movie tickets
3. Events Subsequent to becoming a Member of Club Mahindra
1. Reservation request was made against the special offer that we received at the time of taking Club Mahindra membership. Special Offer terms say, "Holidays at Club Mahindra Resorts can be availed in blue or White season only. Eligibility of the Holiday is subject to realization of 15% of membership fee.
2. Three options for the trip provided by us were Thekkady, Astamudi and Munnar in the order of preference during the month of November 2011.
3. The support staff and executives (I have interacted with member relationship team and executives at Express Avenue Mall) were utterly unprofessional. They seemed to lack coordination among different teams and were constantly passing the buck to other people trying to cover-up their shoddy job.
4. Over a period of next two and a half months, we tried to book our complimentary trip but to no avail leading to much frustration and mental stress.
5. Phone calls were not promptly answered and were given umpteen numbers of reasons as to why our trip was not booked. (example system down, lack of availability etc)
6. Scanned copies of complimentary certificates were asked to be sent repeatedly. Certificate numbers were sent through SMS by me at least three times.
7. Fed up by the lack of professional service provided to us, we eventually decided to rescind our membership with Club Mahindra and get a refund of the entire amount.
4. Events Prior to our Membership Cancellation Request
1. We walked into the Club Mahindra Office in Express Avenue Mall and spoke to the Manager Mr. Viji, and explained to him our situation and informed them that we wanted to repeal our membership and get a full refund.
2. We were asked to send an email to feedback@clubmahindra.com requesting cancellation and were told that they would promptly service our request. We were also given contact information of the Member Relations Manager Ms. Sushmita Roy and were asked to talk to her regarding the same.
5. Events Subsequent to my Membership Cancellation Request
1. I sent an email to feedback@clubmahindra.com requesting cancellation and a full refund and did not receive any response except the automated response indicating that a team from Chennai would contact me regarding the same within 48 hours.
2. 48 hours elapsed but I did not receive any feedback. I sent repeated emails providing convenient times during the day when they could call me but to no avail.
3. Later one day, I received a call from one Mr. Dinesh R, Executive-Member Relations. He indicated that since they had received the cancellation request post the recession period, they drew my attention to the membership rules, Clause No 6.1 about cancellation of the membership.
4. Since deductions would be applicable, they informed me that there would be no refund towards cancellation of my membership as per the above clause. That meant I would stand to loose Rs 27,500 for two months of nothing but frustration, mental stress and harassment.
5. I explained to him that this was not what the sales executive had laid out in front of me (per section 1) and that the facts had been misrepresented prior to me becoming a member. He later indicated that he would get in touch with his team to understand what they had committed to and told me that the Club would keep up their commitment.
6. Few more days passed and I did not hear from either feedback or Mr. Dinesh R. I started sending repeated emails to feedback requested to escalate the matter to higher management. I did not receive any response or contacts of any managers.
7. So I decided to contact the Branch Manager at the Chennai office Mr. Umashankar through email. I explained to him my case and indicated that “providing incorrect and false information to customers just so they sign-up is shameful and totally unethical”
8. Repeated emails to the branch manager were not responded to and ignored.
9. Finally, I got a call from Member Relations Manager Ms. Sushmita Roy at the Chennai office. Again, I explained my case to her. She repeatedly pointed me to the membership rules, Clause No 6.1 about cancellation of the membership. I explained to her what was told to me (per section 1). She informed me that she was aware what had transpired during my membership enrollment since she had spoken to the executives who dealt with me.
10. She indicated that she would have to get in touch with the higher managers regarding my case and would get back to me within in 24 hours. She indicated that the entire phone conversation was recorded and that the same would be discussed with the higher managers to come to a decision.
11. Member Relations Manager Ms. Sushmita Roy reverted back to me within 24 hours and indicated that I would stand to loose the entire amount of Rs. 27,500 if I cancelled my membership. She repeatedly pointed me to the membership rules, Clause No 6.1 about cancellation of the membership. I again explained to her what was told to me (per section 1) by the executives and that facts were misrepresented to me that led me to sign the contract in the first place.
12. Now here comes the shocking part, Member Relations Manager Ms. Sushmita Roy told me that she had discussed the “alleged commitments” (per section 1) with the executives and that the executives outright denied that they had made any such commitments to me during my membership enrollment.
13. That is an OUTRIGHT LIE, That is WRONG, That is TOTALLY UNETHICAL and SHAMEFUL on part of Club Mahindra.
14. My experience with Club Mahindra (Reservations Dept, Member Relations Dept (Chennai), Customer Care Dept) has been very disappointing and has caused huge mental harassment and stress. I am greatly disillusioned by the CLUB MAHINDRA brand name and felt duped by CM's setup.
6. The Contract Act
1. The way the Club Mahindra lures its Clients into the contract is highly objectionable. As per the contract act, if an agreement is done by misrepresentation, it is voidable at the option of the party who has been misrepresented.
2. As far as your clause is concerned, the agreement entered into by me and Club Mahindra is the outcome of misrepresentation of facts and amounts to fraudulent activity on part of your marketing personnel.
I am very shocked to see that a "so called" reputed brand can stoop down to this level just to make a few bucks at the expense of unsuspecting people who put faith in the brand.
Here is the bottom line, CLUB MAHINDRA HAS FAILED TO DELIVER ON ITS PROMISE AND CLUB MAHINDRA CHEATED US BY GIVING FALSE PROMISES.
After further research on social media sites, I have found many cases similar to mine where innocent people have been wronged by Club Mahindra.
Further actions will be initiated (including legal course), if the refund of my payment amount of Rs 27,500 is not processed in full within the next two weeks.
I might stand to loose Rs. 27,500 for now, but Club Mahindra stands to loose something more valuable and precious, IT’S REPUTATION.
Jai Hind
Praveen Kumar R Ramteke
CM Member No: 2369338
A6-12 Green Acres Apartment,
Kamaraj Nagar, Perungudi,
Chennai 600096
Tamil Nadu.
Cell: 8056049077
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Originally Posted by Club Mahindra
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