The modus operandi of many dubious timeshare companies is to invite couples to a presentation of their scheme, where a free gift would be given ``without obligation'' to the prospective customers for having devoted their time to attend the presentation, which is supposed to be for one hour but continues for four to five hours, attempting to brainwash customers.

The presentation is given on a personal basis one salesperson per couple on a separate table. The objective:Customers should not mix and exchange ideas, for in case someone raises doubts by asking awkward questions, his ideas don't influence others. This is followed by a slide-show to engage prospective victims, who are simultaneously probed about their finances, what their idea of an holiday is, the nature of their work and whether it entails foreign trips.

After sizing up the victims, the presentation is cut short if the salesperson feels that the person is not rich enough. Otherwise, an all-out effort is made to sell a timeshare. The presentation goes on till late in the night, and the salesperson offers to drop you at your residence and collect your cheque, but the decision has to be made on the spot.

During the performance, tall claims are made about the service standard and the facilities at the so-called `Gold Crown' resort (a grade higher than five-star hotel) which, in reality, is not even recognised. Another benefit promised is the re-sale value of the timeshare. Just like a share. However, once youfall for the scheme, the company washes its hands off, and asks you to find your own buyer if you want to sell the timeshare. Another trap is the offer of renting your holiday week and earning money. Again the company refuses to come back into the picture.

You are told that the timeshare can be bequeathed, giving you an impression that you are getting a permanent share in an immovable property. However, the Club Constitution which is sent later states that the club will be for a few years, and your timeshare is actually akin to a club membership for a fixed period. You are also told that a small amount of maintenance charge for the week is the only expense you have to incur for the lodging in `Gold Crown' luxury. Soon, the charges are considerably hiked as per a unanimous decision taken at the Annual General Meeting (AGM) which is held in some foreign country, giving a clear go-by to the provisions of the Companies Act which requires the AGM to be held in the place where the company's registered office issituated.

You are also lured by a holiday exchange offer. This is subject to becoming a member of RCI by paying an additional membership, in addition to a further fee for the exchange facility. The rosy picture painted during the presentation vanishes once you have paid the money and signed the ``irrevocable agreement.'' What's worse, you can't take the culprits to court, for nothing is on paper.

If you think you can approach the consumer court, you are on a sticky wicket. The National Commission has, unfortunately, held that the dispute is not amenable to the provisions of the Consumer Protection Act as it involves immovable property.

I believe this judgment is erroneous because the relevant legal provisions were not placed before the National Commission. Any transaction pertaining to immovable property is governed by the Transfer of Property Act, the provisions of which are not followed in the case of a timeshare because the term ``share'' connotes a movable property under the Sale of Goods Act.

Further, there is an element of service which is provided, and any shortcoming in the service would constitute a deficiency under the Consumer Protection Act. However, in view of the National Commission's judgment, the legal battle will have to be a lengthy and protracted one.

So think twice before purchasing any timeshare. Make a thorough inquiry and ensure that all that is promised is incorporated in the agreement. It is better to be cautious than repent later.

As a consumer, if you have any problem, send in your queries marked to The Consumer Court, Actionline, Express Newsline, The Indian Express, 3/50, Lalbaug Industrial Estate, Lalbaug, Mumbai-400 012.

Replies will be given in subsequent issues. Preference will be given to questions of general interest.