Magic holidays – panoramic group

Regd. Office: aman chambers,

4th floor, opp. New passport office,

Veer savarkar road, prabhadevi,

Mumbai – 400 025, maharasshtra, india

Magic holidays – panoramic group

Corporate office: khatau house, basement,

Plot no. 401/411, mogul lane, mahim (West)

Mumbai-400 016. Maharasshtra, india

Magic holidays – panoramic group

Through its sales manager-mr. Sandeep pandit

Sco no. 65, sector 32-c,

Chandigarh-160 030.

Email: sandeep. Pandit@magicholidays. Info

Magic holidays – panoramic group

Through its customer relations team, mumbai

Email: customer. Relations@magicholidays. Info

Subject: registered legal notice /e-mail

Ref.; fm/ cdg/ 0158

Dear sir,

Under the instructions of my client mrs. Kusum jain w/o sh. Harish c. Jain, resident of arth prakash bhawan, block ‘b’, 1st floor, opp. To tribune colony, sector 29-d, chandigarh-160 030, i do hereby serve you with this legal notice to the following effect:-

That on 10/05/2017 sh. Harish c jain husband of my client received an invitation on his mobile from one of the magic holidays executive ms radhika (M-[protected]) to attend a meeting at ‘ultimate hyundai show room, industrial area, phase-i, chandigarh for giving 30-45 minutes presentation in connection with magic holidays schemes and to collect a free holiday voucher for two night and three days, irrespective of the facts, they purchased membership/ scheme or not.

That upon the assurance given by your executive, my client along with her husband attended the meeting on the date fixed & spent more than two hours there. Mr sonem tenzin, sales executive (M[protected] and mr. Sandeep pandit, sales manager (M[protected] attended them and gave presentation regarding magic holidays scheme. They convinced my client by giving several attracting offers and false commitments for purchasing membership of magic holidays. They offered the membership at a special discount at a price of rs. 2, 15, 000/-. They specifically assured my client that they can cancel the membership and take entire refund if they are not satisfied with the scheme after receiving letter of enrolment as member / or welcome kit even after paying initial money qua membership and after using promotional/ trial free holidays gift voucher or first trip. My client under the assurance given by executive of your company agreed to purchase membership. Mr. Sonam tenzin, sales executive of the company take down payment of rs. 21, 500/- immediately by swiping card and got signatures of my client on some micro printed papers in hurry which were not legible & readable. They did not provide even copy of the application form & micro printed papers on which they got signature of my client despite demand on the ground of non availability of photo state machine & promised to sent copy of the same to my client positively through e-mail by next day or within short time. Besides they did not gave promotional/ trial free holiday voucher for two nights & three days as promised by them before invitation and again promised to sent the same through e-mail at the earliest. However they gave one spa free coupon worth rs. 3200/- but the same was found expired dated i. E valid till 30th april 2017 i. E much prior to the date of meeting/presentation.

That in the meantime my client go through review of consumers regarding magic holidays scheme on internet & find many negative remarks and complaints. My client further find that she was not given promotional/ trial free holiday voucher as promised before 1st meeting/ presentation dated 10/5/2017 & that she was given fraudently expired spa voucher after getting amount towards initial membership, she lost faith in the scheme of your company & decided to withdrew from membership. My client vide telephonic calls dated 13/05/2017 and 15/05/2017 to concerned executives of your company intimated her decision/ request regarding cancellation of membership & seek refund of her deposit towards down payment.in response they advised that my client can apply for cancellation of membership and refund of down payment after getting communication/letter of enrolment of membership / or after receiving welcome kit, direct to the customer relations team of the company.

That on 02/06/2017 my client received communication from your company through e-mail intimating acknowledge of payment towards down payment of magic holiday membership along with copy of membership application/ rules dated 10/5/2017 signed by my client it was clearly mentioned in the letter that “your membership number is now successfully generated and your member id number is fm/cdg/0158 and you will receive your membership kit in 15 working days”. Thus it is clear from the above facts that the magic holidays has accepted my membership and enrolled me as a member on dated 02/06/2017 and not on 10/05/2017.

That however my client in view of the past history explained above decided to firm on withdrawal from membership from the scheme of your company. She vide intimation dated 03/06/2017 sent through e-mail to your company followed by many reminders sent through various e-mails & telephonic calls to concerned senior officers/ executives intimated that she was not interested in the membership & seek refund of her deposit at the earliest. But to no response.

5              that my client received membership/ welcome kit on dated 15/06/2017, in which enrolment date is mentioned as 24/05/2017. However there are much difference between the commitments/ information given by your sales representative i. E. Sales executive/ sales manager on 10/5/2017 and commitments /information given in membership/welcome kit as explained in various emails sent by my client.

That since my client was already not satisfied with membership & cancelled membership vide request & seek refund vide telephonic call on 13/05/2017 and 15/05/2017 & again vide e-mail dated 03/06/2017 followed by various other e-mails/ reminders. Once again she vide e-mails/ reminders dated 07/06/2017, 22/06/2017, 24/06/2017, 24/06/2017 & dated 11/07/2017 sent to customer relations department of the company followed by reminders & telephonic calls intimated the company her decision regarding cancelation of membership and refund of down payment. During some calls, the official/ concerned executive of the company admit their guilt & promised to make refund, but to no avail.

That my client received first written reply vide e-mail dated 11/07/2017 from one mr. Vishal vanga, senior executive of your customer relations team denying any refund on the pretext that they have enrolled my client as member on 10/5/2017, whereas they received cancellation request on 03/06/2017 and that my client has not sent any written with drawl notice/ request for cancellation with in look in period mentioned in the application i. E. With in 10 days. My client thereafter through many e-mails/ reminders/ telephonic call asked for cancellation of membership and refund of down payment, as requested earlier but to no response. It seems that your customer relations team not gone through the contents of my client e-mails and instead of replying to my client e-mails they have sent a general and vague reply denying refund of my client deposit.

That stand taken by your company is totally unjustified, null & void against the principals of natural justice & against the commitments made by your representatives/ executives at the time of making my client as initial member of the scheme. As stated earlier the membership application/ rules form was micro printed & not legible/ readable and no copy of the same supplied to my client till 2/6/2017 despite promise. Besides as per assurance given by your sales executives on the day of presentation on 10/5/2017 my client was given liberty to cancel the membership after getting communication / letter of enrolment of membership which was received on 02/06/2017 / or after receiving welcome kit which was received on 15/06/2017 direct to the customer relations team of the company even after paying initial money qua membership and after using promotional/ trial free holidays gift voucher or first trip, which. Further my client vide telephonic call dated 13/5/2017 & 15/5/2017 & e-mail dated 03/06/2017 followed by many reminders /e-mails & telephonic calls sent cancellation request as mentioned in corresponding paras of this notice, as such my client deserves to get refund of her entire deposit of rs. 21, 500/- deposited by her on 10/5/2017 as down payment by canceling her membership along with interest at the rate of 24% from the date of deposit till refund. However your act & conduct in not doing so in circumstances given above amounts to deficiency in service on your part.

Therefore, you are hereby called upon through this notice to refund the entire deposit of rs. 21, 500/- as down payment deposited by my client on 10/5/2017 by canceling her membership along with interest at the rate of 24% from the date of deposit till refund and also to pay compensation on account of mental agony, harassment suffered by my client due to your act & conduct within 15 days from the receipt of this notice, failing which my client shall be constrained to take legal action in accordance with law at your cost, risk and responsibility & in that eventuality you will be responsible for all the consequences including costs & expenses of the litigation.

A copy of this notice has been kept in my office for record & necessary action. You are also advised to kept the same to do the needful immediately.

Thanking you.

Yours sincerely

Ashok kumar jain

Advocate.