174 Bhagtani victims write to CM, demand departmental enquiry against EOW cops
Mumbai, 24th October, 2018: Yesterday, an open letter physically signed by 174 victims of Bhagtani builders, was sent to Maharashtra Chief Minister Devendra Fadnavis, Home Minister Dr Ranjit Patil, and top police authorities. The letter demanded departmental enquiry against investigating officers who avoided filing chargesheets against companies that duped over 2,500 families of their life savings, and decisive actions to bring back the absconding company directors, namely Mukesh and Laxman Bhagtani.
We started the campaign for collecting physical signatures on 6th October, and during the next two weeks, copies of the Open Letter were kept for signatures by nine victims at their residences and offices in Mumbai, from Mira Road to Bandra, and Versova to Vikhroli.
Text of the letter sent is reproduced below:
To
Shri Devendra Fadnavis, Chief Minister & Home Minister, Maharashtra
Dr Ranjit Patil, Minister of State for Home (Urban), Maharashtra
Shri Dattatreya Padsalgikar, DGP Maharashtra
Shri Subodh Kumar Jaiswal, CP Mumbai
Sub: Seeking urgent action against perverse chargesheets filed by Mumbai EOW in Bhagtani builders cases
Dear Sir,
We, the undersigned complainants and victims of Bhagtani projects, are shocked to learn that Mumbai Economic Offences Wing (EOW) has not filed chargesheets against JVPD Properties Pvt Ltd and its absconding directors Mr Mukesh Bhagtani and Mr Lakshman Bhagtani, who have duped around 2,500 persons of approximately Rs 450 cr through several companies and projects in Mumbai.
We strongly protest the chargesheets of Bhagtani cases filed in recent months, all of which appear perversely drafted to enable the absconders to continue enjoying their freedom abroad, instead of being deported and tried as fugitive economic offenders. These chargesheets are filed only against one director, Mr Diipesh Bhagtani, in his individual capacity.
EOW's reason (as stated in the said chargesheets) for not filing chargesheets against the company and the absconding directors implies that the latter cannot be charged before reports of Forensic Science Laboratories and forensic auditors are received. Sir, this is patently false, as the evidence and witness statements relied upon for charging Mr Diipesh Bhagtani, are adequate for charging the company and all its directors.
Sir, given the testimony and documents of hundreds of victims, as well as dozens employees, bank managers and others, which point unambiguously to the guilt of the company and its three directors, the forensic reports are at best of supplementary value. The reports need not be awaited, and indeed, should not be awaited further. It is urgent to detain the absconding directors, in order to prevent further destruction of material evidence, subversion of witnesses, and money-laundering and diversion of funds.
We are also gravely concerned by the fact that EOW's chargesheet for Riyo project (filed on 9/4/2018) reports the seizure of only one computer hard-disk from the builder's office. As the builder’s offices had many computers, laptops, pen-drives, smartphones and other storage media, this points towards EOW officers' complicity during and after the search-and-seizure operations. We suspect that that one solitary hard-disk may have been deliberately planted to inject false evidences into the prosecution story, which would then enable them to seek acquittal.
Sir, EOW already has ample evidence and witness statements to establish the following offenses by the company:
• Booking amounts in excess of the 20% MOFA limit (without registered sale agreements) were collected through cheques made in favour of the company.
• The amount collected through bookings were evidently diverted and misappropriated from the company's account, by cheques signed by its directors in their official capacity.
• Numbers of flats booked by JVPD Properties in both Serenity and Riyo projects exceeded the development permissions received by the company. This indicates that the company took booking amounts for flats that it had no intention and no means to deliver.
• False claims and promises were made through allotment letters and cancellation deeds on company's letterhead.
• Cheques issued by the company and signed by its directors were dishonoured en masse, numbering in the hundreds and thousands.
Sir, the remedial actions that we seek from Maharashtra Home Department and Mumbai Police are:
1) Amend the chargesheets to address the above-mentioned shortcomings.
2) Bring back the absconders to India to stand trial.
3) Institute a departmental enquiry against Investigating Offficers and Senior Inspectors for failure to perform their official duties honestly.
Sir, we are eagerly awaiting your swift actions. Kindly restore our confidence in Mumbai Police and Maharashtra Government by taking corrective measures at the earliest.
Yours sincerely,
Victims & complainants of Riyo, Serenity and other Bhagtani projects
-------------------------------------------------------
In addition to the letter signed and sent as the group, individual victims living abroad and outside Mumbai also signed and sent the letter separately during the past two weeks.
ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
krish.kkphoto@gmail.com
9821588114
 |
| The letter sent to Chief Minister, Home Minister, Director General of Police and Police Commissioner. |
To
Shri Devendra Fadnavis, Chief Minister & Home Minister, Maharashtra
Dr Ranjit Patil, Minister of State for Home (Urban), Maharashtra
Shri Dattatreya Padsalgikar, DGP Maharashtra
Shri Subodh Kumar Jaiswal, CP Mumbai
Sub: Seeking urgent action against perverse chargesheets filed by Mumbai EOW in Bhagtani builders cases
Dear Sir,
We, the undersigned complainants and victims of Bhagtani projects, are shocked to learn that Mumbai Economic Offences Wing (EOW) has not filed chargesheets against JVPD Properties Pvt Ltd and its absconding directors Mr Mukesh Bhagtani and Mr Lakshman Bhagtani, who have duped around 2,500 persons of approximately Rs 450 cr through several companies and projects in Mumbai.
We strongly protest the chargesheets of Bhagtani cases filed in recent months, all of which appear perversely drafted to enable the absconders to continue enjoying their freedom abroad, instead of being deported and tried as fugitive economic offenders. These chargesheets are filed only against one director, Mr Diipesh Bhagtani, in his individual capacity.
EOW's reason (as stated in the said chargesheets) for not filing chargesheets against the company and the absconding directors implies that the latter cannot be charged before reports of Forensic Science Laboratories and forensic auditors are received. Sir, this is patently false, as the evidence and witness statements relied upon for charging Mr Diipesh Bhagtani, are adequate for charging the company and all its directors.
Sir, given the testimony and documents of hundreds of victims, as well as dozens employees, bank managers and others, which point unambiguously to the guilt of the company and its three directors, the forensic reports are at best of supplementary value. The reports need not be awaited, and indeed, should not be awaited further. It is urgent to detain the absconding directors, in order to prevent further destruction of material evidence, subversion of witnesses, and money-laundering and diversion of funds.
We are also gravely concerned by the fact that EOW's chargesheet for Riyo project (filed on 9/4/2018) reports the seizure of only one computer hard-disk from the builder's office. As the builder’s offices had many computers, laptops, pen-drives, smartphones and other storage media, this points towards EOW officers' complicity during and after the search-and-seizure operations. We suspect that that one solitary hard-disk may have been deliberately planted to inject false evidences into the prosecution story, which would then enable them to seek acquittal.
Sir, EOW already has ample evidence and witness statements to establish the following offenses by the company:
• Booking amounts in excess of the 20% MOFA limit (without registered sale agreements) were collected through cheques made in favour of the company.
• The amount collected through bookings were evidently diverted and misappropriated from the company's account, by cheques signed by its directors in their official capacity.
• Numbers of flats booked by JVPD Properties in both Serenity and Riyo projects exceeded the development permissions received by the company. This indicates that the company took booking amounts for flats that it had no intention and no means to deliver.
• False claims and promises were made through allotment letters and cancellation deeds on company's letterhead.
• Cheques issued by the company and signed by its directors were dishonoured en masse, numbering in the hundreds and thousands.
Sir, the remedial actions that we seek from Maharashtra Home Department and Mumbai Police are:
1) Amend the chargesheets to address the above-mentioned shortcomings.
2) Bring back the absconders to India to stand trial.
3) Institute a departmental enquiry against Investigating Offficers and Senior Inspectors for failure to perform their official duties honestly.
Sir, we are eagerly awaiting your swift actions. Kindly restore our confidence in Mumbai Police and Maharashtra Government by taking corrective measures at the earliest.
Yours sincerely,
Victims & complainants of Riyo, Serenity and other Bhagtani projects
-------------------------------------------------------
In addition to the letter signed and sent as the group, individual victims living abroad and outside Mumbai also signed and sent the letter separately during the past two weeks.
ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
krish.kkphoto@gmail.com
9821588114
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