Wednesday, 22 August 2018

Bhagtani Savannah Vrushali Patil case: What did we learn?

Mumbai, 22 August, 2018: Bhagtani Savannah victims have gotten used to being kept in the dark, and making their legal decisions based on very little information. In this respect, Vrushali Patil's case was like a bright ray of light in a dimly-lit room. Whatever else the merits or demerits of this legal initiative, one major benefit was the enormous amount of information that it yielded -- not only for Savannah but for Bhagtani victims of all Bhagtani projects.

Paradoxically, people seem to have little willingness to analyze and digest this information! It appears that Bhagtani victims have grown tired of exercising their brains. "When are we getting our money or our flats? We are exhausted! We don't want to use our brains any longer!" is what they seem to be saying. (This is a natural human reaction in the face of tragic loss and hopelessness, but unfortunately, such reactions will not lead to any productive results!) 

Of the 1300 pages of material available, we have scanned around 400 pages in various batches. (We haven't scanned roughly 900 pages of exhibits.) These scanned documents are available for download in this online folder: https://bit.ly/2vU1enc




IN A NUTSHELL -- WHAT THE SCANNED PAGES REVEAL: 

1) INITIALLY AGAINST BHAGTANI ONLY: Vrushali Patil & 110 others filed a civil case in Nov 2017, "Commercial Suit no. 30 of 2018", which was initially against Bhagtanis only. The land-owners (Harmohan Singh Chandok and Rabinder Kaur Chandok, and their company, Babu Builders) were not in the picture when this suit was filed. The reliefs sought were against Bhagtanis only, and the reliefs may be summarized in layman's language as, "Direct the Bhagtanis give us (i.e. flat purchasers) the flats as per the original contract i.e. allotment letters, or let them give us the land and enable us to construct the flats ourselves by appointing contractors. Tell them to account for the money they have received from us, and deposit the same with the court receiver, so that we can use it for constructing the flats. Restrain Bhagtanis from creating any third-party rights while this suit is pending." The land-owners were tagged on a party later. Read https://bit.ly/2w3rifE

2) LATER AGAINST CHANDOK ALSO: Based on subsequent discovery of the details of the Bhagtani-Chandok deal, Vrushali Patil's team later argued that Chandok was not only a land-owner, but also a co-promoter. Based on this, they sought similar reliefs against Chandok also. (Read https://bit.ly/2LavXRH) The new evidences presented by Vrushali Patil's team uncovers many hidden lies in Bhagtani's story which victims of Savannah (and also other projects) blindly believed.

3) BHAGTANI'S DEFENSE IS TRIVIAL & NON-SERIOUS. Bhagtani's lawyer Sahil Mahajan evidently sees no need at all to defend this case. In his tiny Affidavit-In-Reply, he has blandly stated that MD Devcon collected about Rs 147 cr and refunded about Rs 85 lakh i.e. less than 1%. There is nothing else in the affidavit. Bhagtani is basically standing aside and letting victims' battle it out with Chandok. Read https://bit.ly/2w23p8x

4) CHANDOK'S DEFENSE IS SERIOUS. Chandok not only filed an Affidavit-In-Reply, but also a Chamber Summons in response to Vrushali Patil's petition, revealing the weaknesses of the stand taken by them. He also mounted an offensive against Bhagtani, declaring his development agreement with Bhagtani null and void, on the grounds of Bhagtani's alleged breach of contract. Chandok's defense also uncovers many hidden lies in Bhagtani's story. Read Chandok's Affidavit https://bit.ly/2ORu7Y8


KYA KHOYA KYA PAAYA?

From this civil litigation, what has been gained and/or lost? Obviously, Savannah victims -- especially litigants -- will feel a sense of great loss if they don't get the reliefs that they prayed for, i.e. development rights of the land. Based on the facts on record, it is my personal opinion that it is unlikely that development rights of the land can be transferred to Savannah victims.

It is also my opinion that this is better for the victims, because if they got the land development rights, they would lose even more money and be open to rampant exploitation by Bhagtani's stooges. Why? I will explain this separately.

So I believe that false hopes have been lost, or will be lost in the near future. It is good to lose false hopes, which are otherwise used as psychological handles by predatory and parasitical people.

BUT FRESH GROUNDS FOR CRIMINAL PROSECUTION & CIVIL PROCEEDINGS HAVE BEEN GAINED. Huge amount of specific documents arguably revealing Bhagtani's intent to cheat have been discovered, and these can be used for launching fresh civil and criminal proceedings against Bhagtani. In the end, only energetic litigation provides some hope of recovery of funds.

I will write separate articles about specific documents and what they show.

ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.com

 

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