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At a filling station, I was asked to fill up a coupon for a lucky draw. I did and the very next day, I got a call announcing that I had won a free holiday to a fabulous destination. I was asked to go to a hotel to collect the gift voucher. When I went there, I was received by a group of people representing a time-share company and they gave such a rosy picture of holidays in dream destinations that I could enjoy by becoming a member if I paid Rs 45,000 towards the membership fee. However, when the membership kit was delivered to me the next day, I was shocked to find that the resorts, locations and even the terms and conditions were different from what was promised. I want my money back, but they are not paying. What do I do? This is a clear case of unfair trade practice -write a formal letter to the company and demand your money back. You can also complain to the All-India Resort Development Association, a self-regulatory body of time-share companies. They have a "Code of Ethics" focusing on ethical marketing and business practices and also an informal Ombudsman system for resolving complaints between consumers and the industry. The Association also provides for a "cooling-off period" of 10 days for cancellation of the contract between the time-share company and the consumer, for a full refund. If the time-share company in question is a member of the Association, then it is easy for the industry body to resolve the dispute. Please check their website http://www.airda.org for the membership list. Their telephone number is: 080-41255007. Last year, I became a member of a time-share company. As per the agreement, I was to spend a week with my family in a time-share resort in Goa during the month of December. At the last minute, they told me that the place in Goa was not free and I could go there only in March. That was not convenient for me and after lot of phone calls and correspondence, they offered a resort in Goa in January. However, the resort was not up to the mark and certainly not what was promised. The so-called beach resort was so far away from the beach that it made no sense to stay there. Eventually, we moved to a hotel and I have since been asking for cancellation of my membership and refund of the amount paid by me. Can I go to the consumer court? You can. In T.V. Sunderasan vs Sterling Holiday Resorts ( decided in 2003), the apex consumer court held that when a consumer, who purchases the right to stay in a holiday (or time-share resort) resort for a particular period, is denied that right, or the services rendered are not as agreed upon or as per standards, it is a clear case of deficiency in service on the part of the owner of the holiday resort. And the consumer in such cases is entitled to compensation. So you can file a complaint before the consumer court, seeking compensation for the deficient service rendered. You can also seek cancellation of your membership and refund of your membership fee, besides the money spent on the hotel and other expenses incurred on account of the poor condition and location of the time-share resort. You can seek damages for distress, disappointment and inconvenienced suffered, besides the cost of litigation.
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consumers beware!