LawRato

Cheating done by Holiday package provider


12-Apr-2023 (In Consumer Court Law)
HI, I have taken a time share package like club Mahindra from Nirmiti holidays for an amount of 82000/- . I did not like the product and gave them a request for refund within 3 days. It was written on a contract that you can let them know in 30 days in case you need to cancel. However, they took a lot of time and did not refund my amount and finally gave me assurance that they will provide a very good services. Now after 2 months, when i tried booking first time the accommodation, they said it is full, we will try to book some thing else etc. Clearly, it was a MIS selling case. earlier it was told to me that i need to intimate 2 days in advance and there will never be over booking problem,here i am intimating them in 40 days in advance. Now, i need the amount to be refunded, which is not an easy task. What actions should i take from filing a case in consumer court perspective. i live in Bangalore and the jurisdiction in Mumbai.
Answers (3)

Answer #1
575 votes
Hello,
You have to file a complaint for indeficiency , fraud, breach of contract in consumer court, District Forum (Mumbai). You haven't disputed the jurisdiction in the contract moreover you have consented. You can also claim compensation for harassment cause to you in District Forum.
Answer #2
571 votes
If the contract stipulates that you have to inform two days in advance and thare will be no overbooking issue, you can certainly get quick relief from consumer forum. You are a consumer. So far as jurisdiction is concerned, you can approach forum in Bangalore. Jurisdiction in contract is for civil courts alone.
Answer #3
719 votes
We should definately take them to consumer court as soon as possible. Earlier the better. The papers
Will have to be looked at for the jurisdiction and other details. Do call me if you wish to pursue the same. If mumbai jurisdiction then best

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."