The Brave Pedestrian

2nd January, 2019: Visualize this situation. You buy a flat and take possession, but unknown to you, the seller secretly retains a key and hands it over to a bunch of workers. The workers use the key to enter your flat whenever they want. Forget seeking your permission, they don't even inform you, and they don't even ring the doorbell. They just open the door and take you by surprise! This is the situation that the people of Lodha Belmondo project near Pune have been experiencing.  Anil Kapur (name changed) bought a studio apartment in the much-hyped Lodha Belmondo project and took possession in January 2018. Ten months later, Kapur was in his house, and was startled by workmen opening his front door. He didn't know how many times this may have happened when he was not home! Anil immediately recorded a video of the incident, interrogated the workmen, and informed the management. Workmen at Lodha Belmondo carrying a jar of keys of various flats. In a mobile-video r...

Mumbai, 14th December, 2017: Kareena Kapoor endorsed Monarch Universal builders of Navi Mumbai builders against whom multiple FIRs for cheating have been filed. Directors Gopal Amar Thakur, Hasmukh Amar Thakur and Roshan Sudhakar Sheth were arrested in September 2017, several months after an FIR was registered in April 2017 for swindling over Rs 4.5 crore from a Dubai business and and his relatives, by falsely promising to deliver 17 flats. Associates Anand Thakur, Ashok Narayani and Sushil Makhija are still absconding. Monarch Universal has swindled over 1500 families in three Navi Mumbai projects namely Monarch Greenscapes at Panvel (880 flats), Monarch Brookfields at Taloja (320 flats), and Monarch Imperial at Kalamboli (310 flats). These 1500 families have found the going extremely tough. Economic Offences Wing (EOW) of Mumbai police has been very slow to register FIRs; home-owners allege that police officers of EOW not only delayed in registering FIR, but also tried dissuadin...

Mumbai, 1 November, 2017: Some FIRs against Bhagtani cite only IPC sections, whereas others cite MOFA sections also. No FIR currently cites that Bhagtani violated the law banning money circulation schemes, although Bhagtani's allotment letter points to such a scheme. The definition of Money Circulation Scheme in Prize Chits & Money Circulation Schemes Banning Act (PCMC Act) is: "money circulation scheme" means any scheme, by whatever name called, for the making of quick or easy money, or for the receipt of any money or valuable thing as the consideration for a promise to pay money, on any event or contingency relative or applicable to the enrollment of members into the scheme, whether or not such money or thing is derived from the entrance money of the members of such scheme or periodical subscriptions." For ease of understanding, we can simplify this definition like this: "money circulation scheme" means any scheme, by whatever name called, for...

28th October, 2017, Mumbai: Is there an alternative view of Bhagtani's scam? Is there a radically different way to frame the issues, to reshape the legal battle in order to get a better grip on the slippery Bhagtani? Consider an alternative narrative, which we may name Bhagtani's Disguised Chit Fund Scam. If this alternative interpretation of facts fits the reality, and if it is supported by the Allotment Letters, Cancellation Deeds, transactions, etc, then it will enable you to file stronger FIRs by including the sections of Maharashtra Protection of Interests of Depositors Act, (MPID Act) .  MPID Act is for protecting the public from companies that fraudulently lure investors to deposit their funds with extremely attractive rates of interest, and then willful ly neglect to return the funds . Does this sound familiar to you? Does it make you feel that you have been victims of Bhagtani's Disguised Chit Fund Scam? If so, read further and ponder. (Note: For ease of u...

28th October 2017, Mumbai: M ultiple layers of criminality are involved in the Bhagtani scam but police often files weak FIRs that ignore many layers. For instance, FIRs like this one filed by Santacruz Police mention only IPC provisions although offenses under MOFA are also made out . Conviction rates in India are generally low due such "congenital defects" introduced into FIRs at inception . Weak FIRs may give Bhagtanis and their co- accused escape -routes by giving the police scope to file A, B or C-Summary instead of a chargesheet, Or such FIRs may result in weak chargesheets and weak trials resulting in acquittal. Complainants, please go the extra mile to ensure that strong FIRs are regis tered .  Dos & Don'ts for effective FIRs  Don't just fill up a proforma that says "Me too"! Proformas to enable Bhagtani victims to join existing FIRs encourage herd mentality. Please a void . Instead, t ake the effort to write down your ...