Big Corporate Houses like Tanishq, Kirtilal, Mahaveer Jewelers, Mohammad Khan & Co Kalyan Jewelers and a score of others which are into sale of gold ornaments,
diamonds and other products have been cheating millions all over the country in
the name of various schemes.
But there is one similarity in all these schemes. All these
schemes violate Prize Chits & Money Circulation Schemes (Banning) Act,
1978. Though they have been cheating millions in the name of schemes, in spite of the complaints by Corporate Frauds Watch, police
are not taking action against these companies on the pretext that there are no
victims to lodge a complaint against them.
The Madras High Court in Apple FMCG Marketing vs.
Union of India in 2005 stated that the mere fact that no complaints were received does not make an act
legal, if it be otherwise illegal.
Section 2 (e) of Prize Chits & Money Circulation Schemes (Banning) Act, 1978 defines what is Prize Chit. It clarifies that the conventional chit fund won't fall under this enactment.
A close look at their schemes reveals how they are
cheating the gullible with the promise of benefit to the customers. In fact,
they are only making easy and quick money.
Section 2(e) “prize chit” includes any transaction or
arrangement by whatever name called under which a person collects whether as a
promoter, foreman, agent or in any other capacity, monies in one lump sum or in
installments by way of contributions or subscriptions or by sale of units,
certificates or other instruments or in any other manner or as membership fees
or admission fees or service or service charges to or in respect of any
savings, mutual benefit, thrift, or any other scheme or arrangement by whatever
or the income accruing from investment or other use of such monies for all or
any of the following purposes, namely:-
(i) giving
or awarding periodically or otherwise to a specified number of subscribers as
determined by lot, draw or in any other manner, prizes or gifts in cash or in
kind, whether or not the recipient of the prize or gift is under a liability to
make any further payment in respect of such scheme or arrangement ;
(ii) refunding to the subscribers or such of
them as have not won any prize or gift, the whole part of the subscriptions,
contributions or other monies collected, with or without any bonus, premium
interest or other advantage by whatever name called, on the termination of the
scheme or arrangement, or on or after the expiry of the period stipulated
therein, but does not include a conventional chit.
As per the schemes, the members have to pay money in installments for a certain period and by the end of the period, the member would
be repaid in kind but not in cash. Anyway, the enactment prohibits in repayment of cash too.
For instance, if a member pays Rs. 1000 per month the
company would receive Rs. 12,000 in a year. If they collect the subscriptions
from 1000 members, the company would be collecting every month Rs. 10 lakh and
in a year and the amount would be a staggering Rs. 1.2 crore.
The company repays only in kind i.e., gold ornaments
or other products. In effect, there would be an assured business of Rs. 1.20
crore to the company with profits. Moreover, the money would be with the
company through out the scheme period fetching interest on the deposit which is
also another profit to the company. This is nothing but easy and quick money.
And the most dangerous part, there is no guarantee for
the deposits if the company vanishes with the deposits.
The companies may claim that their companies have
long-standing record of repayment perfectly to the customers. But that does not
make an illegal act, a legal one. It is illegal to collect deposits from the
public without the permission of the Reserve Bank of India.
In
June, 1974, the Reserve Bank of India had constituted a Study Group under the
Chairmanship of James S. Raj, the then Chairman of Unit Trust of India for
examining in depth the provisions of Chapter III-B of the Reserve Bank of India
Act, 1934. In its report submitted to the Reserve Bank in July, 1975, the Group
observed that the prize chit/benefit/ savings schemes benefit primarily the
promoters and do not serve any social purpose, and that they are prejudicial to
the public interest and affects the efficacy of the fiscal and monetary
policies of the country. The
Study Group formulated the Prize Chits & Money Circulation Schemes
(Banning) Act and it was enacted in 1978.