Wednesday, 4 June 2014

IDSA's demand ridiculous: Follow Indian laws to do business in country

Indian Direct Selling Association (IDSA) has been demanding amendments to the Prize Chits & Money Circulation Schemes (Banning) Act, 1978 to enable the members of IDSA to loot the people of India without any let or hindrance.
What a shameless demand! If anybody wants to do business in any country, they have to respect the laws of the land and follow them scrupulously. But these IDSA members are demanding something else. They want to circumvent the law of the land to continue their fraudulent business.
Practising High Court advocate Shaik Mastan Vali came down heavily against the demand of the Indian Direct Selling Association to amend the Prize Chits & Money Circulation Schemes (Banning) Act, 1978. “It is really ridiculous and brazen on the part of the IDSA to put forward such demand,” he said.
Referring to the Supreme Court judgment in Kuriachan Chacko case, he said that the honourable Supreme Court upheld action against such con companies under PCMCS Act and where was ambiguity in the enactment and necessity for amendment of the same.
The next demand would be to do away with the Section 420 of Indian Penal Code as the Amway India was also booked under the provisions of that Section, he averred.
Earlier, IDSA demanded guidelines for undertaking direct selling of the products of its member-companies. Later, when it was proved that the guidelines prepared by the Kerala Government were not of much use for the continuance of their fraudulent business, now they are demanding amendments to the PCMCS Act and if possible they demand repeal of that enactment.
For the last three and half decades, it has been proved a good weapon against the illegal money circulation schemes undertaken by the fraudsters and tricksters.
IDSA claimed that the charges framed against the Amway India are frivolous and are giving misleading impression about its business activities.
What they conveniently try to sweep under the carpet is that the Andhra Pradesh High Court has already delivered its judgment about the business model of Amway stating it attracted the provisions of the PCMCS Act. Later, the Supreme Court also upheld the judgment, the High Court advocate, who filed a Writ of Mandamus on behalf of Corporate Frauds Watch in the AP High Court demanding implementation of GO 178/2008 issued against Amway India Enterprises in the past, pointed out.
Generally, victims seek investigation by agencies like CID or CBI. But strangely, these companies are seeking investigation by such agencies only to prolong period of investigation to continue their fraudulent activities.

To drive the point home, Mastan Vali recalls the demand by NMart to transfer investigation of the criminal case against the company to the CID. The statistics shows that the average period the CID takes to complete investigation into a criminal case is ten years whereas it is only six months in a law and order police station. This reason is enough for the fraudsters to put forward their demand to transfer the case to the CID or CBI where over 10,000 cases are pending investigation.

11 comments:

Parsotambhai Gajara said...

SIR NMART COMPANY KA JO CSE HAI VO KAHA TAK HAI KYA VO COMPANY KA CASE SOLVE HO CHUKA HAAI KYA......? AGAR HA TO KYA JUDGEMENT MILA HAI UNHE AGAR NAHI TO KAHA TAK VO PAHUCHI HAI IS CASE ME .....KUCHH DETAIL HO OFFICIALY TO BATNE KI KRUPA KARE

Shyam Sundar said...

woh to Bhag gaya saraa paisa leke. Ab kahaan doondoge unke liye. Aap ka paise kabhi bhi wapas nahin anewali hai. Woh khatarnak hai. Surat mein rahega. waha chalo unko pakadne ke liye.

Parsotambhai Gajara said...

par shyam sunder ji mujhe ye bataye ki aap ne jo nmart pe case kiya tha uska kaam kaha pe ruka hua hai wo case ki kya pragati hai vo chahiye vo hamare rupaiye kha gaye uski chinta nahi hai aur vo kha bhi nahi sakate hai....aur agar vo fir se suru karenge to hum sab fir se nmart company ko milakar khada karenge sabhi 16 lakh accocites ye vada hai aap se....hume hamare cmd sir management aur hyamari nmart company pe pura bharosha hai ki vo hamara hi nahi puere bharat desh ke har naagarik ka kabhi bhi bura nahi krenge hum sab ko un pe dil se garva hai vo yu hi hazaro saal jiye hamari bhi umar unko mil jaye bharat desh ki pragaati karane ke liye aur aap bhi ush pragati ka bhi hisa bane aur aap ki bhi khub tarakki ho ishwer se yahi prarathana hai thanks mera number hai-9427436573...

Shyam Sundar said...

wah case chalrahaa hai. CID wale investigate kar raha hai. Gopal ne bail liya aur aaraam se ghar baitha aap logonkaa paise jamaake. aap log bakaraa jaisaa intezaar kar raha hai. Uske picha padiye and aur paise wapas karnekaa demand karna hai. Usne paise sab kahin chupa rakha hai. Police ko bhee jyada paise nahin milaa. sirf do crore milaa hai. unko pakadiye and paise vasoool kariye.

Magician of the New Lands said...

Dear Mr. Shyamsundar. Tell me a way to earn money where I do not have to cheat, steal or do anything illegal. Where I can get the best products made in the world's best manufacturing facilities. And by consuming which my parents can stand up again from their joint pains and I can see my neighbour living extra 3 years when the doctor gave up hope.

I know you are the most knowledgeable person in the entire universe. So, please guide me.

Sir, I am ready to invest money which I have, but I want peace of mind. I want to help the society by participating in health awareness program and use the best products which come with a 30 day return guarantee. Please help me find a company whose chairman should be the chairman of US Chamber of Commerce and is present in over 100 countries. The company which has been known and awarded for creating eco friendly and green products for the last 80 years.

Looking forward for a guidance from your side.

Wishes,
Aishwarya

Parsotambhai Gajara said...

shyam sunder ji p ko pata hai ki india me aur bhi bahut companyfraud company banake facebook ke jriye logo ko loot rahi hai mmm fir se nayi web banake loot rahi hai..aur eak co mpany hai jo 8 salo se plaan change kar leti hai par aap unko kuchh nahi kahate...ye company hai tlc univercel pvt.ltd.www.tlcnet.co.in
jo aaraam se jab kisi pe kaaryavaahi hoti hai to plan ko aur web ko update karti hai...5 sal pahale vo eak saath do invest karate the 500 rs ka joining amount ke liye aur saath me hi bajaj/alliaanz ki police lenaa hota tha sabhi member ko....jo ki mlm ke hisab se band tha par fir bhi vo abhi bhi chal rahi hai aisa kyu do niyam kyu india me....ush pe to kabhi koi ungali nahi uthhi.....

Shyam Sundar said...

Dear Aishwarya, Why are you trying to impress on me regarding the 'greatest business opportunity' on earth. You just convince the Indian judiciary and you are free to do whatever business you choose. We have certain laws to be followed and need to respect them. The fraudulent company is doing business in the country and it should respect Indian laws. Why don't they sell their 'high quality' products keeping them in a shop. They cannot. They are out to make easy and quick money by employing the so-called 'direct selling' method which is nothing but illegal money circulation scheme.

Shyam Sundar said...

Gajara ji,
Aap phouran jaake kisi police station mein criminal case lagayiye. Aap bhee samaj seva kar sakte hai.

Parsotambhai Gajara said...

ji ha ye baat sahi kahi aapane par hamare yaha ap ke jaisa achha vakil aur journlist yaha pe nahi hai jo is bato ko samaj sake......mujhe laga aap ko ye naam du taki ap in company ki invetigation to kara sake..aap se ye possibale hai........

Magician of the New Lands said...

Dear Mr. Shyam Sunder,

It is very Short Sighted of you to ignore the Direct Selling way of business. It is not only a better way, but makes sure that any company's products are reaching consumers directly.

Organisations like Unilever are into Direct Selling. And over there too, if you look at the product range, it is different than the market. Products that are not available on the shop shelves.

I strongly recommend that you get more and correct knowledge on Direct Selling.

You are an advocate and mastered in your field. I am not here to compete with you. If I comment something on your subject without having proper knowledge, it will be in appropriate.

And when you are saying that the companies must practice and abide by laws, I totally agree with you. But name the laws that this organisation has flouted?

Regards,
Aishwarya

Shyam Sundar said...

Dear Aishwarya,
It is not my shortsight. It is the foresight of our lawmakers who prepared such a law like Prize Chits and Money Circulation Schemes (Banning) Act, 1978 to curb the illegal activities of crooks who are out to cheat the gullible.
If you direct selling is that great, people should get everything from the factory at ex-factory price not at exorbitant prices. The direct selling you are referring to is nothing but illegal money circulation scheme in the name of selling products in direct selling model.
All the members of Indian Direct Selling Association have been into this illegal business model.
It has been confirmed by various high courts in the country and even the Supreme Court confirmed it.
The Andhra Pradesh High Court has conclusively proved beyond reasonable doubt that the business model of Amway India attracts the provisions of Section 2 (c), 3,4 and 5 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978.
Just read the judgement which is available in this blog. Or go to the latest post where the excerpts are available.