Judicial Remedies for Bhagtani Victims in Kaliyuga

Mumbai, 19th December, 2017: Based on Bombay High Court's spoken order yesterday, Bhagtani's victims have cause for optimism again. Although this is not reflected in Justice AS Gadkari's written order, tomorrow's proceedings may confirm this. It appears now that Bhagtani's victims will get their money back, but several questions remain. Will ALL the flat buyers from all the projects -- Riyo, Serenity, Sapphire, Savannah, Krishaang and others -- get their money back? When? And how much? In an ideal world, Judiciary will just hold Diipesh, Mukesh and Lakshman Bhagtani upside down and shake them until all the money falls out of their pockets into the hands of the court receiver. 

In an ideal world, Judiciary will then call each victim by name -- regardless of whether he is an intervenor or not -- and refund not just the booking amounts, but also 15, 18 or 24% interest PLUS compensation for legal expenses and mental trauma and loss of real-estate appreciation. Every single innocent victim of Bhagtani gets his just dues; truth prevails and crooks go to jail. In an ideal world... Happy Ending!!!

But sadly, we are not living in an ideal world. So anybody who makes decisions based on IDEAL WORLD SCENARIOS will be disappointed. So, what are the REAL WORLD SCENARIOS based on which you should make your decisions? 

WHAT HAPPENS IN THE REAL WORLD?

1) NOT ALL VICTIMS GET THEIR MONEY BACK. Unfair as it sounds, those who are engaged in the legal process as complainants, intervenors, petitioners, etc. may get their money back, and not others. Those who take pains to engage in court battles have better chances. People who remain engaged will get priority. Those who remain silent and passive will be left scraping the bottom of an empty barrel. Unequal and unfair distribution is a fact of life; try to be in the front of the queue when the goodies are being handed out. Become an intervenor.

2) NOT ALL THE MONEY COMES BACK. In an ideal world, Bhagtanis have carefully invested all the money collected in good assets, and these assets will be liquidated under ideal conditions, to realize their full value. In the actual world, however, none of this is true. Bhagtanis are squandering money on posh cars, five-star lifestyle and frequent foreign visits, and they are actively diverting, misappropriating, money-laundering and paying commissions, bribes and expensive senior counsels. So, is there enough to repay everybody with 15% interest and compensation? No.

3) ALL VICTIMS AREN'T EQUAL. In an ideal world, the court should distribute recovered assets proportionately, and should never discriminate between Mr A who booked in Savannah and Mr B who booked in Riyo. However, in the real world, Riyo and Serenity are currently ahead in the race, and Sapphire, Savannah, Krishaang, etc., are far behind. (But still, don't lose heart. Stay alert because judicial opportunities may suddenly arise, or victims may be able to create their own opportunities with legal cleverness!)

4) TRUTH WILL NOT ULTIMATELY PREVAIL; CUNNING & LIES WILL. Why is it that Diipesh Bhagtani can cunningly create so many legal escape routes by bending the truth, but Bhagtani's victims cannot create roadblocks by bending the truth? Have you seen a single instance where the court punished people for telling lies? Bhagtani tells dozens of huge lies in order to keep your hard-earned money, and you are only telling the truth in  your legal battle get your money back?!! Why? Have you sworn to only speak Truth like Prince Yudhisthir or Raja Harischandra? Bhagtani took the money that rightfully belongs to your aged parents, your wife and children. He has destroyed your chances of ever owning a home, and he has prevented your children from going abroad... Is there a greater truth than that? All you can do is beg and plead with the judiciary to give your money back? Is that the best you can do? Because you are truthful, innocent and righteous citizens, and not a cunning crook like Bhagtani? Ask yourself if you are doing the best that you possibly can. Think with an open mind about all the legal attacks you may have at your disposal.

5) SHEEP MARCH UNITED TO THE SLAUGHTER. In an ideal world, unity is a great virtue, and your group leaders have your best interests at heart. But in the real world, people with blind faith or herd mentality are exploited. Even today, there are WhatsApp groups where people are told not to communicate with outsiders. In some groups, people are still not filing FIR or intervention, because they think Bhagtani will "settle with them personally" and give them an opportunity to transfer to another project. "We don't want to send Bhagtani to jail, we only want our money back," is the most frequently heard mantra. Big mistake!

Great strides have been made by Bhagtani victims in the last 3-4 months. Nevertheless, out of the 2500 persons cheated by Bhagtani, only 500 are out here fighting for their rights. Roughly 80% of the victims are still out there, isolated and blissfully ignorant, or corralled like sheep inside WhatsApp groups run by the builder's stooges. If you are a member of such a group, exit the group immediately and consider filing FIR and/or becoming an intervenor in ongoing criminal proceedings, in the High Court or Sessions Court. Or, better still, apply your mind creatively on how to deliver a legal blow that Bhagtanis cannot possibly anticipate.
   

ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao

9821588114

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