The Advocates of Amway India appealed to the Andhra Pradesh High Court that they would like to submit a fresh affidavit. Probably they want to submit that the Amway India has changed its business model and they are now collecting only Rs. 995 as entrance fee for the 'great business opportunity'. The question is not the new business plan and whether it is legal or not. The question is the crime it has already committed and is going to commit in the new avatar.
However, the new business plan still illegal as it induces to enroll new members all the time. As per the 6-4-3 plan, The members have to enroll new members and their downline members have to enroll new members. The argument that it is only an example does not hold water.
Let us look at the lastest Supreme Court judgement in a similar case. In the Kuriachan Chacko case, the Supreme Court stated that the promoters of the scheme very well knew that it is certain that the Scheme was impracticable and ;u;n workable making tall promises which the makers of the promises knew fully well that it ;could not work successfully. It could work for some time in that "Paul can be robbed to pay Peter" but ultimately when there is a large mass of Peters, they will be left in the lurch without any remedy as they would by then have been deceived and deprived of their money. IF it is so, it could be said to be a case of application of Section 420 read with Section 34 of IPC, of course at this stage.
What Amway is actually doing is a money circulation scheme camouflaged with the sale of products. It is liable for punishment and it would be punished accordingly. The Amway India is only buying time.