Legal Question in Consumer Law in India

Sir,
My Membership No: 515623
Sterling Holidays Emai Ids:[email protected];[email protected];
[email protected]
Sterling Holiday Resorts (India) Ltd. in the Name of Sterling Holiday Resorts International Ltd. Started advertising that they are going to start Heritage India accommodation at 29 places (Thirupathi,Thrissur/Guruvayoor,Agra,Varanasi,Rishikesh,Aurangabad,Somnath,Vaisnodevi,Swamimalai,Mahabalipuram etc.) of Historical Importance and Pilgrim centers in India. They started collecting money by selling Heritage India accommodation Time Share with this Unique Concept. Attracted by this Unique Concept, I purchased a Supreme Apartment Heritage India accommodation from them and became the member for 33 years.
As per the agreement terms and conditions
1.3 Heritage India accommodation means complexes consisting of Royal/Supreme apartment and other common amenities which are being developed/ taken on lease by the company at various pilgrim centers and places of historical importance in India and notified as such by the company.
1.5, 1.6, 1.7, 3.1: The member is entitled to enjoy his/her/its Supreme apartment any time of the year, 3 days every year during the 33 years of the membership period in any of the Heritage India accommodation and enjoy the amenities.
They built Heritage Accommodation at Two places � one at Swamy Malai and another at Mahabalipuram. One Hotel was acquired for lease at Thirupathi .No other heritage centers were built as promised for the past 15 years. Now they have sold / closed Swamy Malai and Mahabalipuam without prior approval/knowledge of the Heritage India accommodation Customers. The closer/selling was not informed to the customers till date. No leased hotels exist as of now for Heritage Customer .In short, as on date, no Heritage India Accommodations available with the company for Heritage Customer.
As per the terms and conditions of the agreement  1.3, 4.1 and 6.1 they have not provided Heritage India Accommodations/ leased hotels to me. So I am not able to use my holidays.
They have cheated me and all the Heritage Customers. My purpose of buying to visit the Heritage and Pilgrim centers has not been fulfilled. I am not able to go to/ use the Pilgrim and Heritage centers. My money is locked up with them without any use. 15 years of my life is lost without enjoying the Heritage India Accommodations.
They have not fulfilled their promise and cheated me. I have bought a Heritage India Accommodations time share but they have not provided the services as per terms of agreement. So it is a prima fasciae case.
So kindly take necessary action to return my invested amount + Equal Value(Amount) for the unused Holidays as on Date + a compensation of Rs.20,00,000 for the mental torture for 15 years, agony, professional income loss due to mental worries etc.
I sent a letter as above to sterling holiday resort (India) Ltd.
For which, Instead of paying compensation, they have cancelled my membership and sent a cheque for Rs.60128 (Invested amount+10% Simple Interest) as final settlement.
In this situation, I don�t know what to do. Can youhelp me?.
Dr.K.Aruljothi

Asked on 4/07/12, 6:04 am

Stalin Selvamani S & P Law Associates

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0 attorneys agreed

Yes you can hold them liable under consumer protection act and give police complaint against them.

Answered on 4/08/12, 11:56 pm

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