File complaint against club before consumer forum and seek orders to direct club to refund your token money with interest
also claim litigation costs and compensation for mental torture undergone by you
Hi, We went for club membership for 10yrs for around 3lac. This membership was with benefits for 10yrs across club services and amount was non refundable once paid fully. We deposited amount of Rs. 50000/- as token and planned to close the transaction in next 10 days. But unfortunately there were turn of events on professional front which required us to move to different city in near future. We promptly informed the club and asked for refund of token amount by informing the turn of events. Club informed that membership is put on hold till further notice, since club wanted to join affiliate membership in new city as an option which we denied. Please help on how we can pursue the refund of paid token amount. We not availed any services of club and kept club informed by mail communications.
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We only filled the membership form, yet to sign the membership agreement. Club gave starter kit and included us in whatsApp group / sms group for communication. We haven't visited the club and been in communication with the Manager.
File complaint against club before consumer forum and seek orders to direct club to refund your token money with interest
also claim litigation costs and compensation for mental torture undergone by you
You can inform your decision to cancel the agreement and demand refund of advance amount by sending a letter or legal notice in writing sent by registered post.
If he is still not returning the amount you can sue them in a civil couirt for recovery of your amount held by him
If you have not yet entered into any agreement then you are legally not bound by the terms and conditions of the agreement.
You can request them orally to refund the amount, if they are not responding or reluctant to return the booking amount you may resort to legal process as suggested
Dear client I am sorry to your bad but in this case you can approach the management of the club or you can file okay is for recovery of money
- As per law, any service provider cannot be allowed to forfeit the amount received in advance in case the person has not availed the service.
- Further, the clause that the token fee or the amount once paid is not refundable is unconscionable and unfair trade practice as well as voidable and therefore not acceptable.
- Since, you have not availed the services then the said club is under obligation to refund the entire amount paid by you.
- You an issue a legal notice for getting the refund , and if no positive response then file a complaint before the consumer forum.