The Brave Pedestrian

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. The letter sent to Chief Minister, Home Minister, Director General of Police and Police Commissioner. Text of the letter sent is reproduced below: To Shri Devendra Fadnavis, Chief Minister & Home Minister, Ma...

Dear Friends, As you are aware, we have made a huge difference by writing open letters in the past. In November 2017 , we wrote an  open letter to Chief Justice of Bombay High Court , signed by 55 Riyo victims in Borivali National Park. As a result, Justice Badar was restricted from hearing Bhagtani's ABA matter by an order that said, "Not before any bench of which Justice A.M. Badar is a part". In December 2017, we wrote an open l etter to Maharashtra CM  asking why Bhagtanis were still roaming free and enjoying life. This letter had physical signatures collected from 267 Bhagtani victims of different projects. Shortly afterwards, in January 2018, Diipesh Bhagtani was forced to surrender to EOW. Friends, it is time for us to fire again. This time, the open letter has to be about defective chargesheets that the police have filed for Riyo and Serenity , and other projects also.   Let us send this letter to CM, Minister of State for Home, Director Genera...

Mumbai, 4th October, 2018: Is the Economic Offenses Wing (EOW) of Mumbai Police deliberately going easy on Bhagtanis? Are the forensic auditors and Forensic Science Laboratory going slow? Eyebrows must rise that EOW's chargesheets of  Bhagtani Riyo and Serenity ,  filed in April and August,   are against Diipesh Bhagtani, and not against JVPD Properties Pvt Ltd and its directors Mukesh and Lakshman Bhagtani.  Download Riyo FIR & Chargesheet  Download Serenity FIR & Chargesheet Regardless of whether it is proper or improper, omission from the chargesheet gives  Mukesh and Lakshman Bhagtani extra time to continue living abroad and doing hera-pheri . As long as they are considered only suspects, and not chargesheeted offenders, they remain safe from Fugitive Economic Offenders Act, Interpol Red Corner Notices, deportation to India, police interrogation and judicial custody.  Two things that EOW cops often tell victims:  (a) The...

Mumbai, 9th September, 2018: Victims of Bhagtani Serenity are experiencing a powerful current sweeping them towards settlement with the Bhagtani builders. What the builders want is a clean chit i.e. withdrawal of criminal complaints, quashing of FIRs, and closure of proceedings under Negotiable Instruments Act. What they are offering in exchange is conveyance of Serenity project land and/or transfer of development rights in favour of "Serenity Welfare Association". Invitation to the first meeting of this association is being circulated on Whatsapp. It says: Dear All, 1st Meeting of ''SERENITY WELFARE ASSOCIATION" Expect to be held on 23 September 2018..... All Serenity  Member's (Buyers) are Requested to Attend..... Time: BTN 10:00 -11:00 AM Venue : Serenity Plot or as Decided by Member's (Buyers) Has this association been formed and registered? Has a civil case already been filed by this association? It is doubtful. But it appears that the lea...

Mumbai, 24th March, 2018: Bhagtani Riyo victims' efforts to compel EOW to apply MPID Act got a setback last week as the special judge rejected their application. After initial disappointment, the victims' reaction was: "We must appeal!" But the question arises: Is appealing likely to be fruitful? Let us apply our mind without sentimental attachment to past decisions and actions. First, let us remember why we filed the application under MPID. Why MPID? The full name of MPID Act is "Maharashtra Protection of Interests of Depositors (in Financial Establishments) Act, 1999". It is designed to protect "depositors in financial establishments". We had three challenges: (1) People who paid Bhagtani money are not exactly "depositors". (2) JVPD Properties Pvt Ltd is not exactly a "financial establishment" (3) Section 2(c)(iv)(a) of the MPID Act explicitly excludes "advance against order for goods or services" from ...

Mumbai, 17th March, 2018: Some years ago, you gave Bhagtani lakhs of rupees in exchange for what you thought was a legally - enforceable contract . But is it a contract, or just worthless pieces of paper? Let us take a close look at your transaction. Possession, they say, is nine-tenths of the law , meaning that your ownership of something is easy to maintain if your have possession of it, and difficult when not. When your money was in your own bank account, it was entirely yours. It was your "today-money" . Then you put your money into JVPD Properties, Jaycee Homes or MD Devcon, and thereby renounced your possession and diluted your ownership of the money. In the company accounts, your money became aggregated with other people's and Bhagtani's money. It was treated by Bhagtani family as their own money, to lend or spend as they pleased, without any financial discipline. It flowed into places hard to track, such as unregistered partnerships and proprietorship ac...

Mumbai, 16th March, 2018: Yes, legal battles are tough, time-consuming, exhausting and costly. You win some and you lose some; that is the nature of the beast. Riyo victims' MPID application at sessions court was rejected on technical grounds, making it necessary for the group to approach high court. Serenity victims' RERA application seeking to have Xander declared a co-promoter appears a bit shaky; whether it will be accepted or rejected by RERA judge Kapadnis will be seen in a few days. Yes, legal battles require patience and alertness. It took 3-4 months of hard work for Riyo victims who were complainants and intervenors to put Diipesh Bhagtani in prison; he almost succeeded in fooling the judiciary, getting anticipatory bail and flying to Dubai like his father and brother. In the end, people managed to get his bail application rejected. It took group effort and enterprise, and yes, it cost the victims about Rs 10,000/- per head. Going forward, getting a high court or...

Mumbai, 10th March, 2018: Hundreds of victims of Bhagtani builder's Savannah project will come together tomorrow (Sunday) to stage a protest at the project site at Kanjurmarg East. Between 2014 and 2016, MD Devcon Pvt Ltd, a group company of Bhagtani's Jaycee Homes, aggressively advertised the Savannah project, and collected booking amounts of roughly Rs 170 crore from 725 flat-purchasers, without any intention of completing the project and delivering flats. The funds were diverted and misappropriated by the builders. Diipesh Bhagtani, the mastermind of the scam, has been in judicial custody since 11th January due to multiple FIRs registered by Economic Offenses Wing (EOW) for similar offenses committed in four other projects, viz. Riyo (Mira Road), Sapphire (Dahisar), Serenity and Krishaang (Powai). Meanwhile, Diipesh Bhagtani's elder brother Mukesh and father Laxman, who have also played major roles in the scam, have been absconding for many months, and are bel...

Mumbai, 1st March, 2018: Sometime today morning or afternoon, Diipesh Bhagtani will be produced before the magistrate, again, for the fourth time since he surrendered to EOW on 11th January. The magistrate may decide to keep him in judicial custody for a few more weeks, or release him on bail. We hope that the magistrate will exert pressure on Mukesh and Laxman (who are absconding) by not releasing Diipesh till they surrender... but that may be wishful thinking. Over 2,500 families who lost their life-savings, their peace of mind, their health and their dreams of owning a flat in Mumbai, are thinking only one thing day and night: "Will we get back our money? How? When?" Meanwhile, gang members and accomplices who systematically helped the Bhagtanis to loot Rs 600 crore are roaming free, because EOW hasn't named them as co-accused in the FIRs. (It's like letting Dawood Ibrahim's shooters and hit-men go free because, hey, they were only employees doing...