Legal Notice-Recovery of Money

Date: xx.xx.
xxxx
To,
1. Mr. xxxxxx,
CEO, Club xxxxxx
2. The Branch Head,
Club xxxxxx
Subject: Legal notice before initiating legal proceedings against you on

behalf of my client xxxxxx S/o xxxxxx, R/o xxxxxx.
Under the instructions and on behalf of my client xxxxxx S/o xxxxxx,

R/o xxxxxx, I serve upon you this legal notice before initiating legal proceedings
as under:-
1. My client states that due to fraudulent and misrepresentative actions of
the employees of club xxxxxx he has suffered huge monetary loss and
acute mental agony. He states that in the month of August 2019 he
received a call from the employees of club xxxxxx inviting him to a
xxxxxx Service Showroom (where club xxxxxx has a temporary set-up)
situated in xxxxxx. Over the call they stated that he has been awarded
with complimentary holiday benefits and he should reach the above
mentioned showroom to avail such benefits. On reaching there he met two
employees of club xxxxxx namely xxxxxx and xxxxxx who then initiated
with offering various seeming to be lucrative membership offers which
provided for free holiday packages on payment of high membership fee.
2. My client further states that he informed the two employees that he was
not interested in plans that were too expensive and was only looking for
short term low membership fee plans that are for two individuals i.e.
himself and his wife. However the two employees kept on insisting my
client to purchase a heavy plan to which my client expressly declined.
3. My client further states that, realising no plan to be appropriate he
decided to leave, that is when the two employees proposed a different plan
of Rs. 67,000 membership fee for a period of 18 months, which required a
down payment of Rs. 32,840.00 and then three equal instalments of Rs.
11,000.00 each for three months plus taxes and post payment of the
whole membership fee he would be entitled to various free holiday
packages within a span of 18 months from the date of such payment. The
two employees i.e. xxxxxx and xxxxxx had also promised him suitable
services and that if he wished the same plan could further be extended to
a 25 Year plan with 4 lakh membership fee. One Mr. xxxxxx elaborated
the whole plan on a sheet of paper of which my client has documentary
proof.
4. My client further states that he asked the two employees to show the
availability of the above stated plan online to which they said that the
plan is just for one day and only for a select few customers and they
assured my client that the plan is in function and the company will
honour it.
5. My client further states that thinking this to be a suitable plan for himself
he made a down payment of Rs. 32,840 on xxxxxx which is visible on the
bank passbook of my client. Further amount of Rs. 11,309 each month
was deducted from his wife’s credit card on xxxxxx, xxxxxx and xxxxxx
respectively through bank transfer. My client assumed that since the full
payment was made the membership would have commenced and in order
to avail the benefits he checked the online mobile Application of Club
xxxxxx, where, he was agonized to see future payment requirements of Rs.
11,309 per month for a period of further 4 years. He instantly contacted
Mr. xxxxxx who refused to acknowledge the existence of any such 18
month plan and stated that the plan that my client chose was that of 25
years with 4 lakh membership fee. Agonized with this answer my client
contacted the other, Mr. xxxxxx who acknowledged my client and stated
that he had left club xxxxxx and that in order to sell more memberships
the employees at club xxxxxx incorporate such marketing stints.
6. My client states that post this conversation with Mr. xxxxxx he instantly
called the club xxxxxx help line and requested them to cancel all future
payments, much to his distress the helpline refused and asked him to
contact his bank. The bank reverted that only the club xxxxxx can cancel
payment for the further payments were pre-approved, approval of which
was clearly obtained by fraud, misrepresentation and cheating.
7. My client further stated that, in spite of him not wanting to authorize any
more payments another payment of Rs. 11,309 was made from his wife’s
credit card on xxxxxx. Aggrieved by this, my client contacted the Delhi
office of Club xxxxxx where Mr. xxxxxx stated that no decision can be
taken by him and that my client should take up the matter with higher
authorities.
8. On account of above mentioned facts and circumstances, your wilful and
mala fide intent is crystal clear which has caused a lot of inconvenience
and financial loss to my client and has caused mental agony, anguish and
distress.
9. This conduct of yours has caused wrongful loss, mental agony, distress to
my client and amounts to commission of offences of cheating, fraud,
misrepresentation and criminal breach of trust against my client for
which you shall be jointly and severally liable to be prosecuted under the
civil and criminal laws of India.
I, therefore, call upon you the addressees no. xxxxxx by way of this legal
notice to refund the entire amount of Rs. 78,000 which has been fraudulently
acquired by you with interest @18% per annum, along with Rs. 20,000 towards
mental agony and Rs. xxxxxx towards legal expenses within a period of 7 days
from the date of receipt of this legal notice, failing which, my client will be
constrained to initiate appropriate legal proceedings under civil and criminal law
against the addressees no. xxxxxx for which the entire cost and consequences
shall be yours alone. Please take note of it and be well advised.
Thanking you.
Yours sincerely,
(SARTHAK RASTOGI)
Advocate

Legal Notice-Recovery of Money

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Date: xx.xx.

Subject: Legal notice before initiating legal proceedings against you on

Under the instructions and on behalf of my client xxxxxx S/o xxxxxx,

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