All Bhagtani Riyo & Serenity victims MUST become intervenors

Mumbai, 8th December, 2017: In the context of this weird Bombay High Court order, what are the key takeaways? What lessons are to be learned from this? A key lessons is that each and every Bhagtani home buyer should do two things without delay: (1) File a police complaint with EOW (2) Become an intervenor in Bhagtani's ABA (anticipatory bail application) proceedings.

People have a general tendency to wait and watch, rather than take action. They hope to benefit from the actions of others. "Let others file FIRs against Bhagtani, let them spend time and money to become intervenors. When the court orders come, they will benefit us all, right?" WRONG! The latest High Court order shows the dangers of such passivity. It is quite possible that the court order will benefit the complainants and intervenors, and not the others.

The way forward is to BECOME INTERVENORS!

Bhagtani is relatively quick to settle matters with those who create trouble for him, i.e. complainants and intervenors. Many intervenors got bank transfer of Rs 50,000/- a couple of months ago, while the others did not. Remember that? 

Courts tend to be partial to those who are parties to the case (i.e. petitioners, respondents and intervenors), and are generally blind to the interests of those who are not parties. "Why should we care about people who did not approach us?", judges seem to say.

What is the cost-benefit ratio? 

As an abundant caution, it is worthwhile for all Riyo and Serenity home-buyers to become intervenors in this case (i.e. Anticipatory Bail Application nos. 1935, 1533 and 1725). The cost of filing an intervention application varies from one advocate to another, from approx Rs 5,000/- to Rs 25,000/-. It is generally a one-time cost.

By not being an intervenor, you may save this amount. But remember, you will be left feeling sad and left-out if some order is passed favouring the intervenors, e.g. directing Bhagtani to repay the intervenors before the next hearing. Not becoming an intervenor can result in serious losses.

What are the benefits of becoming an intervenor? The main benefit is that you are able to approach the court. If Bhagtani does not repay you and falsely claims that he has repaid you, being an intervenor is probably the only way of complaining to the court and seeking corrective actions. If you are not an intervenor, you may not be able to approach the court in a timely manner.

Is there a chance that this entire case (ABA nos. 1935, 1533 and 1725) will end suddenly within the next couple of hearings, causing your intervention to be "wasted"? Yes it is possible (but unlikely) that it may end suddenly, but, given the present scenario, intervenors are quite likely to reap financial benefits.

The most powerful reason for you to become intervenors is to let the court know that a large number of Bhagtani's victims are actively participating in the proceedings, and keeping an eye on the judgements. Having several hundred people keenly observing the judge's actions is a major step towards enforcing honesty and transparency in the judiciary, police, etc.

How to become intervenors?

Below are the things to be hand delivered by the flat allottee (or their Power-Of-Attorney holder) to Adv. Shraddha Dubepatil at Office no. 8, Ground Floor, Raj Mahal Building, (Next to Brijwasi Sweets), Near Ambassador Hotel, Veer Nariman Road, Churchgate. Riyo and Serenity home-buyers may file their intervention at this address.

• Allotment Letter
• Cancellation Deed if any
• Details of payments made / claim amount i.e amount paid plus interest.
• Details of booking amount and subsequent installments paid if any.
• Cheque/cash Rs 6,000/- towards legal expenses

 You will have to sign on the following documents at the office:

•     Vakalatnama
•     Intervention Application

In case of difficulties, contact Adv. Shraddha Dubepatil on 9920187873, or contact her assistant Shahbaz Aazam on 90211 21346.

All the best!

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