- This topic has 11 replies, 6 voices, and was last updated 1 year, 3 months ago by
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SI purchased a holiday membership package (RS 1,92,000) from Pacific Holiday World, but within 4 hours of payment, I realized I am trapped gone through online reviews and find out that sales person and the things written on agreement doesn’t match. I immediately requested a refund. However, the merchant refused, stating it was non-refundable, a condition that was never disclosed before payment.
Currently it is on HDFC credit card emi for 18 months.
Key Points:
1) The agreement was signed under pressure by my wife while I was away.
She was pressured into signing the document hastily without being given adequate time to review the terms.
The signing was done under undue influence and misrepresentation.
2) I have not availed any services from the membership.
3) The merchant insists on enforcing a non-refundable policy and is not cooperating despite my repeated requests.
4) I raised a dispute with my bank, but they responded that since the merchant is not denying services and claims the package is non-refundable, they cannot investigate further.
I have these options in my mind.
1) ask them for high amount hotel services which they will not be able to provide and then again raise dispute in bank that they are not providing services.
2) Or can i complaint in consumer court but not sure is there any law which can help me out.
What legal options do I have? Can I challenge this under consumer protection laws?
Any guidance on how to proceed further would be highly appreciated.
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AIt’s tough situation, but you may have grounds to pursue a refund.
Consumer Protection Act, may help. You can file a claim for selling thru
Misleading Information or misrepresentation. As the salesperson’s promises and the agreement don’t match you will need to argue that you were given misleading information, which is an unfair trade practice.Undue Influence/Coercion: As your wife signed under pressure and without adequate time to review the agreement points to undue influence. This makes the contract potentially voidable.
Unfair Contract Terms: A blanket “non-refundable” clause, especially when not clearly disclosed before payment, can be considered an unfair contract term.
Deficiency in Service (Potentially): If the package promised certain amenities or benefits that the company now denies, this could be argued as a deficiency.
**Actionable Steps:**
Document everything.
Write down everything the salesperson promised, even if it was verbal. Include dates, times, and locations of conversations. If you have any emails, brochures, or marketing materials, save them.
Keep a copy of the agreement. Highlight the discrepancies between the promises and the actual terms.
Save all emails, letters, and records of phone calls (note dates, times, and the person you spoke with) where you requested a refund.
Keep records of your dispute with the bank and their response.
Online Reviews: Print relevant online reviews that highlight similar problems with the company. This will show a pattern of unfair practices.
Send a Formal Legal Notice (Through a Lawyer): This is the most important next step.
Clearly state the facts: purchase date, amount paid, misrepresentation, undue influence, and your immediate request for a refund.
Cite sections of the Consumer Protection Act, 2019, and principles of contract law (undue influence).
Demand a full refund within a specific timeframe (e.g., 15 days).
Warn them that if they fail to comply, you will file a complaint with the Consumer Forum.
Send it through registered post with acknowledgment due (RPAD) to ensure they receive it.
File a Complaint with the National Consumer Helpline (NCH)
Register Your Grievance: The NCH is a government portal. Registering your complaint here is a good first step, even if it doesn’t guarantee immediate resolution. It creates a record of your attempt to resolve the issue. You can do this online.
File a Complaint with the Consumer Court.
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APlease help me on my recent situation please [my recent post ](https://www.reddit.com/r/LegalAdviceIndia/s/dV2JkZOmQ7)
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SAttempted it, but currently I don’t have proof that merchant is denying me any services as I have not availed any service so bank said they can’t initiate investigation as merchant is not denying services.
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DDid you try to prepare proof that the merchant is a fraud and you are a victim of phishing or sorts?
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RIn opening statement you write ‘i purchased’ in later points you write ‘ my wife under pressure signed’..
You can only go to consumer court once you try to use the membership & show the difference between what they promised & what you are getting, right now you are just posting based on reviews of other people
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SBecause the amount was debited from my account, I was also there, while I was doing the payment other member took sign of my wife in that time of period.
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RSo you both were going ahead with the purchase, as you were already going ahead with the payment..
At this point might I just suggest to go ahead & enjoy what you have booked, you have buyer’s remorse & trying to fight this in consumer court will be long & tedious without much proofs from your side. I am sure you are losing 20-30k in value aspect but if you can enjoy the package you booked it will be well worth it, disregard the negative reviews as you can’t change much. Lastly you can check if it’s ok to sell it to some other party & then find a buyer for it.
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