Consumer Redressal

• During Feb’19, I visited Goa along with wife and two small kids for vacation. • On 02.03.19, a sales associate of Nirmiti Resorts & Clubs gave us a scratch card at Aguada Fort and asked us to attend a presentation at their property in Goa & collect won gift after the presentation. • After showcasing ample number of Nirmiti’ s owned and tied-up resorts/Hotels outside India for about 2 hrs, one of the Nirmiti sales executive (named Nebu) approached us to buy membership programme. • Despite my constant rejection, Mr. Nebu & his Manager continued explaining different programmes ranging from 25 years to 10 years and eventually manipulated by will to get me enrolled for 10-year membership programme. • Finally, they sold me a 10-year membership plan for foreign visits for Rs 80,240/- including GST (Eighty Thousand Two hundred & Forty Only) and gave no time to go through the terms and conditions paper. Even, intentionally they choose a place for meeting where internet was not working. • It was committed to share Dial an Exchange (DAE) membership credentials with me within 15 days. However, till date Nirmiti has not provided me DAE membership. • I contracted Nirmiti Office over phone/through mails many times for my membership. Initially, on 25.04.19, they replied to my mail dated 24.04.19 with apology for delay in providing membership credentials due to some agreement related issue on their side with DAE. However, lately they stop replying to my mails & calls. (copies of said email exchanges are attached herewith for your ready reference) • A number of benefits of the membership plan (e.g. no restriction on property location/booking timing) were explained during that meeting but nothing is mentioned in writing in the agreements. • In their mail dated 25.04.19, they have communicated booking reservation conditions such as providing three dates & three destination option to Nirmiti. Also, long weekend such as Diwali, Xmas and new year booking will be subject to the availability. • Since above booking conditions were communicated in writing after execution of agreement, Nirmiti misled us and it is reasonably implied that it was an action of intentional deception to secure unjust enrichment from their side. • On 20.08.19, I contacted Nirmiti sales executive (Mr. Nebu) who asked me to inform the issue at Nirmiti helpline number and also assured me to active my DAE membership w.e.f Jan’20. However, as soon as I requested him to confirm in writing over what’s up, he surprisingly dropped a reply message saying that he is no longer working with Nirmiti. • On 21.08.19, I contacted Nirmiti new sales executive (Mr. Akshar) who assured me that his team will call me to address my issue but till date no body from Nirmiti has contacted me. • I had committed my family to take them on vacations outside India in Nov’19 but due to fraud by Nirmiti I was not able to meet my commitments. At last, I had to take my family on vacation within India and had to incurred substantial amount for booking of Hotels personally even after paying such a big amount to Nirmiti Resorts & Clubs.