To Date:
22/3/2014
The
Dy. Commissioner of Police,
CCS,
Hyderabad City.
Respected
Sir,
Sub: Cognizable Offences of Promoting illegal Money
Circulation Scheme, cheating and looting the gullible public with the promise
of get quick rich scheme by the Amway India Enterprises and its promoters,
members in Hyderabad City in the guise of sale of health and dietary supplement
products – Request to inquire and take action against Amway India Enterprises,
its promoters, members for indulging in cheating, promotion of illegal Money
circulation scheme – Regarding.
*************
1. I,
M V Syam Sundar, Secretary, Corporate Frauds Watch Society, Hyderabad, humbly
submit that Amway India Enterprises set up office near Yasoda Hospital,
Somajiguda, Hyderabad (which lies in the jurisdiction of the officer) and has
been promoting illegal Money Circulation Scheme in the guise of sale of goods
by enrollment of members in chain system with the inducement of get quick rich.
The details of the Amway India Enterprises are as follows.
2. The
Enrollment scheme of the Amway:
Amway is a company registered under the
Companies Act. The scheme of Amway is 6-4-3 scheme. The first person has to
sponsor 6 persons and these 6 persons have to sponsor 4 persons each totaling
24 persons and in turn these 24 persons have to sponsor/enroll 3 persons each
totaling 72 persons. Thus these 103 (1+6+24+72) persons are called as one leg
for income calculation purpose and this chain keeps on goes unchecked. The
person should be enrolled by an already enrolled member so as to maintain
chain. Initially, the entrance fee of the Amway is Rs.4,500/-. Now waived this
entrance fee, but the new entrants have to purchase products worth Rs.4,500/-
otherwise their membership will expire. After payment of some amount, an
identity card and some products will be delivered by the company at the time of
joining in the name of business kit. Joining a member into the scheme is
treated as sale of products. The new person who joined in the scheme is called
Amway Business Owner or ADA or ABO or downliner. The person who made the new
member to join in the scheme under him is called upline member. Commissions are
given not only on the event of personal efforts of their direct
enrollment/sponsoring but also on the contingency relative or applicable to
sponsoring of new members by their downline members. The promise of commission
on the enrollment of new members will be as follows:
Sl. No.
|
No.
of persons to be joined by self or downline members
|
Promise
of commission in percentage
|
Business
turn over credited in the members account based on his sponsoring activity of
new members
|
1.
|
3
Persons
|
6%
|
Rs.13,500/- (3 persons xRs.4500/-)
|
2.
|
10
persons
|
9%
|
Rs.45,000/-
|
3.
|
20
persons
|
12%
|
Rs.90,000/-
|
4.
|
40
persons
|
15%
|
Rs.1,80,000/-
|
5.
|
70
persons
|
18%
|
Rs.3,35,000/-
|
6.
|
100
persons
|
21%
|
Rs.4,50,000/-
|
Apart
from this Amway induces that it will give Rs.50,925/- per month if any person
sponsor or enroll 102 persons under his downline. The commissions are said to
be distributed to all the members in the chain/network from last person to
Amway in U.S.A. as commissions on group turnover.
3. Amway
company further has been awarding titles to its members based on their
enrollment of new members into its scheme. There are 22 levels in the scheme of
Amway namely 1) Silver, 2) Gold, 3) Platinum, 4) Ruby, 5) Founders Platinum, 6)
Founders Ruby, 7) Sapphire, 8) Founders Sapphire, 9) Emerald, 10) Founder
Emerald, 11) Diamond, 12) Founders Diamond, 13) Executive Diamond, 14) Founders
Executive Diamond, 15) Double Diamond, 16) Founder’s Double diamond, 17) Triple
Diamond, 18) Founder’s Triple Diamond, 19) Crown Diamond, 20) Founder’s Crown,
21) Crown Ambassador and 22) Founder’s Crown Ambassador. The title holders will get huge and fabulous
easy money in the form of group income which purely depend on the enrollment of
new members into the scheme but not depend on the sale of products.
4. During seminar, the members of
Amway/speakers have brainwashed to target wives of Govt. officials, middle
class, retired persons, unemployed youth to get them into the scheme so as to
spread network.
5. The
Hon’ble High Court of A.P. also held vide WP 20470/2006 that the scheme of
Amway is nothing but illegal Money Circulation Scheme and the Hon’ble Supreme
Court of India also upheld the same vide SLP No.13414/2007. Moreover
the Government of A.P. has also issued a G.O. Vide G.O.Ms.No.178 dated
15/9/2008 restraining the Amway from issuing advertisements, still Amway has
been issuing advertisements in contravention of The Prize Chits and Money
Circulation Schemes (Banning) Act, 1978.
6. The Hon’ble
High Court of AP in Speakasia case (CRLP 5626/2011) held that there is no need of any loss or
misappropriation of funds to attract an offence under Prize Chits and Money
Circulation Schemes (Banning) Act 1978. Mere informing a scheme, which covered
under the money circulation scheme and enrolling members as subscribers, itself
is an offence. Further Hon’ble Supreme Court of India in Kuriachan Chacko case
(2008(8) SCC 710) held that the scheme of enrolment of members leads to
mathematical impossibility that amounts to cheating, as such the Amway has been
cheating and promoting the illegal money circulation scheme in the guise of
sale of products.
7. I
submit that so far Amway India Enterprises has cheated lakhs of people in
Hyderabad and looted crores of rupees from the members of the Hyderabad by
promoting illegal Money Circulation Scheme.
8. Hence,
I pray that the Dy. Commissioner of Police, CCS, Hyderabad may be pleased to
initiate criminal action against Amway India Enterprises, its promoters and
members for cheating, looting by extortion the hard earned money of gullible
public by making false promise of get quick rich, by putting mental torture in
the name of seminars and for promoting illegal money circulation scheme in the
guise of sale of products by enrollment of members into its scheme.
Yours
faithfully,
(M. V. Syam Sundar)
Copy
to Addl. Commissioner of Police (Crimes), Hyderabad City.
Copy
to Commissioner of Police, Hyderabad City.


