Indian Democracy for common man

Most of us have seen various movies showing delays in legal proceedings & police work. Unfortunately, we recently experienced that. Justice delivery got worse than British rules. It is a story of 5 years in hope & 4 years in waiting for justice! If Justice is so far away from the common man, why do we call it democracy? It is easy to live as a fraudster as the Indian court is linen on all the proceedings. If you become a victim, No one would help you in India in a timely manner. No law, No Government, No Police, No court! You have to fight for your justice too. Run for your own hard-earned money! 

Background

About our family

I was brought up in a middle-class family with the best ideology about being honest, faithful & trust on law of the land. Working as a software engineer since 2004 after doing engineering near my home town Vadodara. Started working a low-paying job as low as 3000/- per month. Got hired by TCS. Married in 2007 to Dr Ankita Shah. Both working professionals spend most of their time in our profession. We were blessed with a kid in 2007 too. As a middle-class family, we spend only on our needs, in fact, we curtail our needs based on the price tag. Duly paying all our Income Taxes including income tax. A Gujarati in me helps me save money for future needs. By 2014, I could hold a decent amount to buy a home.

Struggle

As a software engineer, I have the inertia to work for better technology & utilize my skills. My stride toward achieving a better life brought me to Mumbai. Where I worked for a small startup software company in 2012. I have struggled for family time for 2 years travelling between Mumbai & Vadodara every weekend. Skipping sleep Monday & Friday so that I can reach on time. Seen a huge Diwali rush on trains. Seen huge delays on rainy days. Travelling with uncomfortable coaches. Also travelled on unreserved train bogies. All this suffering gives a good lifestyle to my beloved family. In 2014, I brought my wife to Mumbai & stayed in a 1 Room Kitchen Apartment with my 6-year-old kid. Living in a 1 room apartment from Individual houses was tough, However, the family adjusted to it.

Booking of a Dream home

As we were staying in a rented place in Mumbai. It was an immediate need for us to book a decent house to live our life well in our own house. We started our search in 2014. Went to various places. We used websites like https://www.magicbricks.com/ , https://www.commonfloor.com/ for under-construction projects. We learned, In Mumbai, flat prices were shooting sky limits. To get a decent 2 BHK one has to buy property at a far away location & ready to wait for a long construction time.  In Diwali 2014. We got a place at our elevated budgeted price. The project owner Yogesh Gandhi(Owner of Vv realty developers) ,  The project delivery was started in December 2017.  The project amazon valley was listed on both the aggregator websites. Also available on trusted google maps location. After a conversation with the builder, we had agreed to the deal of paying 50% of the House cost upfront. This helped us reduce the demand price per sq. ft. from 5500/- to 4500/-. So we have to pay Rs. 18 Lakhs upfront. As mentioned earlier I have a habit of saving & checking all savings & including FD, I could save approximately 12 Lakhs. I borrowed Rs 6 Lakhs from my parents to complete the down payment. In January 2015 the entire amount was paid to the builder Yogesh Gandhi with cheques & cash. We received receipt of payment & booking paper too. We started dreaming about our home & planning virtual home decor.

History about faith

As the project has to be delivered in December 2017, we had time. We got an invitation from the builder to attend “bhumi pujan” in 2015. He showed a demo flat to us & created a good repo about his commitments. However, he has not started any official construction work. We were informed that construction work takes a year only, and we would collect sufficient funds to start our work. Throughout 2016, we trusted & patiently waited for construction to get started. We personally met once outside with co-owner Rohit & received assurance on delivery. In 2017, I started probing about work progress, I got various responses like being unable to get forest department clearance, opting for an additional floor, and awaiting permission for the same. At the time of booking he showed land is in his name, although we were hesitant to continue we kept faith & continued with booking. During this period I had to shift family to different cities & hence our dreams started washing off. In 2018, with so many calls, I got annoyed & asked him to refund my payment with interest as mentioned in the agreement. He responded with the details. He was convincing me to shift the booking to another project, however, we denied it & in January 2019 went to his office finding none of the officials in place. Got signed a cancellation letter by one of the salespeople Priyanka. Now we are keeping faith in the refund amount. As it was stated 6 months from the cancellation date, we have not communicated much. While on Diwali we received cheques with a base amount of 18Lakh without interest accrued during this long time. Also while I was depositing, he requested me to wait for some time to deposit.  Well, although we were hurt about our dream got shattered, we gave time to Yogesh Gandhi & started doing regular conversations. 

Fraud happened

Till March 2020, Yogesh Gandhi continued conversations. We patiently waited for a refund as the corona got aggravated. However, post that Mr Gandhi has stopped responding to emails & calls. In May 2020, I had deposit cheques. Boom! All cheques were bounced. I had called & dropped messages about the same. Done re-submission of cheques. All in vain, I realized I became the victim of sophisticated fraud.

Approaching Police 

Legal Case 

My Case

However, we all understand that not delivering items to customers after taking the amount is called fraud. However, we have to explain to the court in legal words that all legitimate information submitted & we are actual victims. There were three options for a legal case, and I wanted to opt for all possible. I connected with various lawyers to understand case details. I could not file a case against RERA(toothless law) as it is only applicable if I am an active customer of property booking! I tried an online consumer court application, however that site was not working(digital India)! I finally filed a case of Section 138, cheque bounce. 

What is the Section 138

A cheque bounce is an offence under Section 138 of the Negotiable Instruments Act, 1881 (“Act”) punishable with a fine which can extend to twice the amount of the cheque or imprisonment for a term not more than two years or both. When the payee presents a cheque to the bank for payment, and the cheque is returned unpaid by the bank with a memo of insufficient funds, the cheque is said to have bounced.

What is the IPC 420

420. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person de­ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Builder’s victims

All these days, I have attempted to share such information online. Found such 3 victims. There would be many more. I suspect he would have done at least Rs. 20Cr Fraud as all of us have paid 50% in advance, so even 100 victims from a project of 700+ flats would lead to such a massive fraud. We started sharing our experience & decided to go legal. 

Case Proceedings

“Tarikh pe tarikh” , isn’t it filmy! - Dialogue from 1993 Movie[So true after 30 years]

Yes, We went through this. As per all legal actions, After receiving a cheque bounce I have sent legal notice to the builder to pay the disputed amount with other means. I understood, that post that we have to give a month's time to do the activity. As I was aware, he has not paid the amount. Hence I have filed case 138 with help of my lawyer on dated <> . After almost a month of drafting case details. On date <> my case got admissible. On 18 December 2021, Yogesh Gandhi appeared for the first time in court. Court gave another date for discussion. On 

Each of these days, I had made plans to reach court as if the victim is not present, the judge feels it is not important for him & gives a long date more than 3 months. If you are there, the court gives the next date within  a month. In either case, there are small to negligible proceedings done by court each day. 

I remember on date <> , all parties present - Judge, Accused Lawyer, Accused, Victim’s Lawyer & Victim (That’s me). We waited for 1 hour for the judge to come to the courtroom. Post that 30 mins to get our turn / case hearing to happen. Proceeding started with the Judge asking the accused a question “Are you guilty?”, Accused said “No”. Proceeding ends there! Wow, We got a date after 1 year and 3 months of filing a legal case! And the proceeding ended in less than a minute. Since then either the accused stays absent or his lawyer gets absent. Judge gives next date, do easy for him to get, not sure where justice is! Also I was asked to get ready for scrutiny too. Now that’s amazing right? 

Additional Efforts

Pune Police Station

In May - June 2020 where corona was at peak. We were bound to perform legal cases against the builder. My wife and I reached Aundh police station with all the details about fraud & cheque bounce details. Interestingly available police officers refused to take complaints stating the fraudster does not belong to this area. Hats off to our Police team, I am sure if SBI went to police for well known fraudster Vijay Malya or Nirav Modi, they would have asked them same, I understand he has done Crores of fraud, but we cannot take your complaint as he is not staying in India now! We lost hope & moved away from Pune Police station 

Online Case

I took all of the information about each date of progress & communication & filed an online case with Kashimira Police station. I used the portal https://citizen.mahapolice.gov.in/ on 17th Jun 2020. Provided all details about my complaint no: 19407043072000014 to Kashimira Police station. We were hoping for some follow-up post-complaints. Nothing happened. The online website allowed me to get the phone number of the superintendent, Kashimira police status, Mr. Sanjay Hajare. Tried talking to him with no response. See corona is not the only culprit, as I will tell you that even after visiting the police station personally till today he is not able to file an FIR. How busy are they now!!

Letter to PMO office

After losing all our patience with the police department, we thought of approaching Mr Narendra Modi on his birthday. The wife drafted a letter with her point of view about life change after the fraud. Also, we provided details about our online police complaint not heard by Kashimira, Police station! 

 

Date:              17 Sept 2020

Good news! After almost 1 year and 6 months, There was an impact after sending the letter. On 14th Jan 2022, we received a call from Kashimira police station about providing details about our case. We were happy with context “der aaye durust aye”

Mumbai Police Station

Well after almost 2 years of filing an online police complaint, we were happy to receive calls from the police department, especially as it is follow-up with PMO. I have provided all the mater over the phone & written to email id kashimirapstn@gmail.com. The police inspector insisted us visit personally & file a charge sheet. On 5th Feb 2022, I reached Kashimira Police station from Pune (luckily I was only 400km away, If I would have shifted to another planet, my case importance would be zero for them!!). I brought another victim along with me whose money was also trapped. He did not allow him to talk or represent, he mentioned that this is a special case as it is received from PMO. I felt some importance, though they would done little movement only. Provided all details & asked for filing 420 fraud cases against the builder. I received a signed copy of the charge sheet. I asked for filing FIR, and he mentioned Mr. Sanjay Hajare not available & you would receive a call back in a couple of days about the same. That’s it. I did more than 10 calls asking about updates on same! But police departments are less people-oriented, they are almost neglected even after PMO sent a response!

Twitter and other social media

We pray to every sort of place, If any political or genuine news reporter can help 🙏 

Added economic wing to conversation

After a tiring effort & non-response from the Police inspector, I have also looped the economic offences wing about the same matter with the email id pi.eow.mb-vv@mahapolice.gov.in . In India, you have to be a political influencer to get heard. Common men do not have facilities.  

Our Pain

Police to take Complaint - Irrespective of location

How difficult for the Police department to collect / register complaints & handover to other departments or locations? Technically we can, there are plenty of software industries working across the globe & ensure all data privacy and security of their customers. However, law is so stringent within the state & city. Everyone is aware about Tajinder Bagga’s case, there were 3 state’s police departments fighting among themselves for one accused! Utter co-ordination missed. We talk about One India One Nation One Tax! Can we talk about One Security? I am sure collecting money takes precedence but what about life security about Indians staying.

Mental Health

Why am I writing this? Because In India, law is not delivered, you have to fight for your rights! You have to convince the police that you are the victim. You have to convince a lawyer. You have to convince the court. You have to convince the judge. So all of this you have to do, why am I paying taxes? My personal time was invested first following up with the builder then, following up with police and court! I have postponed my vacations to ensure I attend court dates! In the court hearing I found the accused not present & the court has agreed to give the next date! What kind of example is it for human rights! If it is accused right to defend. Why is it not the victims right to get timely justice! Also the time mentioned is tangible time which I travel for court / talk to lawyer / writing on twitter / writing to the police department. There are enormous hours spent thinking that it was my duty to identify he is fraud upfront & not invest?

Luckily I am able to cope with the pain with the help of my family, I sense it’s our 10 years of savings, sacrifice wiped out by the builder. 

Strong State/central business laws

If any firm registers its business in a state, what is the duty of that department? Do they have any liability except charging for registering it as a firm! I see it is so easy for Mr. Yogesh Gandhi bought property & did nothing, just seating with a small office. This is a bait & fishing Scam in the real world. What state checks about their business. What all financial guidelines state demand for each firm. What if some firm does this kind of fraud, does the state intervene? If not, what kind of governance it is! Fraudster’s paradise as no one is watching!

Court loses with tortoise in all races

The story is the tip of the iceberg. I know even if a court asks the accused to pay the full amount there are 2 other courts(High court, Supreme Court) He can approach & delay the payment. We are common men, who check item prices in 3 different portals, local stores & buy from the cheapest one. And this conman took all my money & I was expecting Krishna as my Sarthi & got Indian court as my Sarthi.  It's a digital world. My lawyer says it’s good that you filed a case in your city, the accused has to travel & come to the court each time! Is this justification for poor court proceedings? I would be happy if the court saw facts & in a month gave justice [ I am a victim and truthful, so expecting in my favour]. I see no logic like they slow as they are legal. There is an enormous requirement for improvement.  In a Ray of Hope, the Supreme court orders a special court for Section 138 cases. Look at the pending number of cases in the article. If these many people are attending courts in so many days, so many hours are put on for travelling. Remember the court asks the accused to come down only to say he is not guilty.  

No to negligible Digitisation of Court process

Look at the room where case proceedings happen, although they have some digital pattern, major items are maintained in paper. I know court is for justice not for lengthy files. One must come with innovation in this 18th Century department. Good product for Digital India. I am ready to contribute if the government allows me to.

I see it is very easy to prepare a small rule based engine, as Indian law is equal for every citizen, it should do justice correctly all the time, right? 

Common case systems

If there are the same cases filed against the same person in different parts of India when our judicial system understands & consolidates it with the same problem. Currently, we all 3 victims ( I am aware of) fighting our own cases for the same cheque bounce. Doesn't it trigger any alarm in the country that all can be clubbed together, Who’s the responsibility it can be? Court or Police? Or Government? Someone has to understand that. In order to disconnect systems. Same accused can go to different city & easily do fraud again, now he is quite experienced too. And our court has provided him with huge liberty roaming around.  

No response on Department’s email

Each police department & escalation mentioned on websites are unattended. Police, i.e law enforcement team, miss the communication channel. A direct visit does not impact. Should be a better escalation process, a small ticket generation process would be able to track better. It is interesting that even chargesheet filing requires physical attendance & a lot of repetition of case details which you have already provided to the police inspector.

My Factual can be be seen below:

Court Case: SCC/77679/2020

Online Police Complaint @ Kashimira police station: 19407043072000014

Chargesheet filed at police station: