File complaint against company before consumer forum and seek refund of money paid by you
also seek litigation costs and compensation for mental torture undergone by you
What is the best way to proceed in the following scenario
1. I paid 71589 (30% of total fee) as downpayment for Club Mahindra 5 year zest membership on 29/12/2024 2. During the payment process the sales representatives mentioned that if Im unhappy with the services I can cancel at any time and they will refund it on a pro rata basis deducting for services used. 3. The start date of said membership is Feb 1, 2025. 4. During my attempt to get a holiday booked through them from Feb 10th to Feb 14th I realised that they are selling air. None of their good properties have availability which they use to sell the membership and the booking process is a hassle. 5. I requested for cancelation of membership on 11/125 to the sales rep on whatsapp. He promised to remedy the situation so I gave him time till 16/1/25. He reverted on 16/125 saying he cannot do it 6. I sent official cancelation email requesting refund as I have not availed any services and membership has not yet started 7. the response I got was that since its been greater than 15 days since payment date, 40% of membership fee is only refundable and 60% is non refundable admin fees as per their terms and conditions. 8. Since I paid only 30% of the complete fee, they claim that the whole paid amount is non-refundable 9. I argued that technically I did inform their sales rep within the 15 days period on whatsapp but they are quoting that I need to send official mail and that date counts. I also argued that this is in breach of Consumer protection act, 2019 2(46) and 2(47) and Indian law supercedes private contract on a case by case basis especially if services were not obtained at all and service hasn't officially commenced as well 10. I'd like to take legal action to claim refund and ensure nobody else faces the same issue. Im pretty sure there are several others who have gone through the same What should I do next and how long would the process take usually?
Asked 20 days ago in Consumer Law
11 Answers
Please let me know the legal fee and time it would take for this case to proceed with this as well
Asked 20 days ago
1. The first step would be to file a consumer complaint at the online consumer redressal portal INGRAM
2. Next you can send them a legal notice. that would speed things up.
3. If remedy is not recieved post Legal Notice, then we could go to your jurisdictional consumer redressal forum and file a criminal case of fraud and deception as well.
Legal fees vary depending upon lawyer engaged by you
disposal depends upon pendency of cases in your city
Now you issue a legal notice confirming your cancellation of the booking and demand the refund of the entire amount paid to them in this regard, failing to respond you may file a complaint before the consumer distress redressal commission for deficiency in service, unfair trade practice and for causing mental agony by their casual and reluctant attitude.
You can consult a local advocate and proceed as suggested
The lawyer's fee will be informed by the lawyer and the court fee will depend on the compensation you claimed besides nominal court fee.
The time taken for disposal of the case cannot be predicted owing to various factors involved in this.
In the normal sense it may take at least 1 year or more for disposal
You need to send a legal notice and proceed with filing of consumer complaint before consumer court. The limitation is 2 yrs in the said matter.
To address your issue with Club Mahindra, start by sending a detailed legal notice demanding a full refund, citing misrepresentation by their sales representatives, non-commencement of services, and the unfair terms in breach of the Consumer Protection Act, 2019. If unresolved, file a complaint with the District Consumer Disputes Redressal Commission, seeking a refund, compensation for harassment, and litigation costs. Gather all evidence, including payment receipts, WhatsApp conversations, and emails, to substantiate your claim. You may also consider filing a group complaint with other affected consumers to strengthen your case. Legal resolution typically takes 6 months to a year, so act promptly and consult a lawyer for representation if needed. For any further advice, it is suggested to book a consultation
Thanks and Regards,
Advocate Aman Verma, Legal Corridor
You are quite aware of law and you are very correct. You will get full refund with interest, cost of complaint, compensation for mental agony and lawyer's fee. Contact a local lawyer and file complaint under Consumer Protection Act, 2019, proceedings are very fast. There are hundreds of consumer complaints filed against Mahindra and all went in favour of consumers.
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Send Legal Notice: Through a lawyer, demand a full refund citing misrepresentation, non-provision of services, and violation of the Consumer Protection Act, 2019. Include all evidence (receipts, WhatsApp chats, cancellation email).
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File Consumer Complaint: If unresolved, file a case with the District Consumer Disputes Redressal Commission in Bangalore, claiming:
- Refund of ₹71,589.
- Compensation for mental agony and litigation costs.
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Timeline: Legal notice (15-30 days); Consumer court case (6-12 months, depending on backlog).
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Legal Fees: Approx. ₹5,000-₹15,000 for a legal notice; ₹20,000-₹50,000 for the consumer court case.
You have a strong case as services didn’t start, and refund policies cannot override consumer rights under Indian law.
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.
- As per law, any service provider whether online or offline, cannot be allowed to forfeit the service fees or consideration received in advance in case the consumer has not availed the service.
- Further, the clause that the service fee once paid is not refundable is unconscionable and unfair trade practice as well as voidable and therefore not acceptable.
- Hence, the said service provider is bound to refund your deposited amount if you have not availed his services.
- Further, the denial of refund of deposited amount is also against the public policy and hit by the provisions of Indian Contract Act,
- You can sent a demand notice, and on refusal the same file a complaint for the deficiency in service under the Consumer Protection Act.
Dear Client,
Thank you for providing the details of your case. If we've spoken the truth, you seem to have a strong case for pursuing a complaint under the Consumer Protection Act, 2019, in that Club Mahindra refusing to refund under the circumstances that no services were provided and membership has not therefore commenced would fall under unfair trade practices and a service deficiency per Sections 2(46) and 2(47). Subsequently, you may issue a legal notice to Club Mahindra, demanding a full refund within 15–30 days, mentioning their breach of verbal promises and the Consumer Protection Act. It is advisable to attach all evidence, including payment receipts, WhatsApp chats, and email correspondence, since this would add some weight to your argument. If the refund is not provided, then you can register a complaint with the District Consumer Disputes Redressal Commission (DCDRC), which usually has a settlement time of 6 months to 2 years; however, given the merits of your case, it is likely to go in your favor. Planning charge for drafting a notice and filing a complaint shall depend on the lawyer's experience, so it shall range between ₹10,000 to ₹25,000. You could also consider contacting NCH or filing a class action suit along with other aggrieved consumers. The legal movement would ensure protection to your rights along with securing a possible refund.
Do let me know if that helps. Do not hesitate to follow up if you need further assistance.
