Respected Sir/Madam,
Sub: First Information Intimation on a chain of criminal offences by a Chit Fund Company/partnership
Prayerful greetings.
May I submit the following chain of events/episodes and criminal complaints arising out of them for your earnest and in-depth investigations and necessary legal and administrative actions as deemed fit and just and as early as possible:
1. After long years of religious, linguistic and social fellowship in and due to Delhi Roman Catholic Tamil ministry (DRCTM) worship, celebrations and prayers in general and since 2009 (after my severe food poisoning and continuous hospitalization for major ailments especially chronic kidney disease episodes since 2006 and more intimate prayer and linguistic Tamil fellowship since 2008) in particular, I felt the need to become an active catalyst to help fellow-believers and to ease their burdens as per the directive of the Gospel according to Luke: 7:30... “Give to everyone who asks you for something.”
2. It was based on the personal and joint representations and requests of two fellow believers in and of the DRCTM, namely:
i. Mr. Joseph Henry (JH), employed at the residence of H.E. the Ambassidor, Indonesian Embassy, 50-A Kautilya Marg, Chanakyapuri, New Delhi, 110 021 and residing at D-158, 2nd Floor, Munirka Village, New Delhi, 110067, (Mob:07503391146) and
ii. Ms. A. Mary Fathima (AMF), W/o Alexander, residing at the residential 2/3rd floors, C/o Choudhary Pradeep Singh Rati, 113/1 Baba Ganganath Market, Munirka, New Delhi 110 067, (Mob.09310453682, 09999870640, 09971734064)
to enhance the financial resources to improve their chit, savings and loan schemes meant for the poor believers in the DRCTN fellowship, I, S. Alphonse Selvaraj (SAS) have entrusted them with money periodically as and I they asked and as and when I had funds available, entrusted them since December with an understanding that they will enroll/subscribe me in their chits and also help me to get me appropriate membership to me in other chits where they are subscribers, manage (pay for my subscription dues from my money reserve entrusted to them as and when required/requested by me due to any circumstances and also collect the prize chit moneys, and settle the amounts and accounts as and when they win the foreman and /or prize chits, requested by me in reasonable time. They also agreed to pay me monthly contributions for the balance of the money entrusted to them, which was at much lower rate they had being paying for securing the finances.
The request/proposals, promises and the good faith/handshake trust agreement were all made in prayerful presence and premises of the Holy Mass and Retreats/Novenas at St. Dominic Church and also at Sahodaya School, Haus Khas, and New Delhi. The promise/pledge/agreement were all sanctified and renewed during our periodic meetings at our residences and in Church, family and community functions.
3. JH and AMF enrolled me in their 20 month one lakh rupees chit that began in February (3 Nos), 15 month 1.5 lakh rupees chit that began June (3 Nos) and 15 month 1.5 lakh rupees chit that began in September and added me in another 15 month Rs.90, 000chit that was started in August run by their friend/relative Mr. Francis Xavier. AMF paid Rs. 15000 in March and Rs. 35, 000 for my subscriptions, from the foremen chit moneys that came to her during those months.
4. I was very upset when AMF and JH did not help me pay for the subscriptions in October from the foreman prize chit of Rs. 1, 50, 000, but asked me to entrust them with more/additional money. I informed them my financial constraints and requested them to manage the funds entrusted to them by me in a manner worthy of our calling and promises.
5. I informed JH and AMF in October of my plans to leave Delhi and go to Tamil Nadu to prepare for my retired life there, due to my chronic kidney disease (CKD-IV) and harsh weather in Delhi and requested /reminded of their commitment made in the Christian fellowship and trust to pay for my chits till they are over and settle accounts periodically as the subscription to all the agreed chits get over one by one.
6. In October-November JH had problem with his finances and could not pay any of the subscriptions he had agreed on when the money was entrusted to him. He was in deep depression, said lot of things which I will only say if required by law or by ethics. Both JH and his wife Regina in my last meeting in December the day before I left for Chennai promised to return the money in installments from January but JH has not kept his words promises till now. My money still in his custody is Rs. 10, 90, 000 since October.
7. Added to that I came to realize in October that JH misappropriated the money (Rs.2 Lakh) his brother Joseph Cyril Stanley gave him in August to pay to me to repay my financial help extended to him for registering the flat in Dwaraka in January. I had to take some physically exhausting and emotionally draining legal and moral steps to salvage/collect whatever money possible, and only succeeded to get back original due of Rs.2, 00, 000 that to be paid in installments spread over nearly 4 years (starting from December 151 to March 15) depriving me of the benefits of having my very valuable and needed resource in time putting me severe financial loss. I had to agree to this painful settlement to save at least part of my resource. It was like begging to claim my own property lowering my head in unexplainable shame of being cheated indirectly/dishonestly by JH, what he legally can not do directly. This clearly means I lose my property and JH gets enriched by the use of my property through dishonest roots and routes for such a long time. It both monetary and spiritual loss to me. I feel terribly cheated. Doing good but feeling punished. I feel this comes under criminal/dishonest misappropriation of my property, breach of trust and cheating embedded in criminal conspiracy.
8. In November/December AMF won a prize chit for Rs.50, 000 and I asked her to help me part-pay for chit subscriptions with that amount, but she pleaded her inability due to the theft of her jewels (thirumanagalyam etc) in November (I tried to help her to file a police complaint FIR, but AMF did not cooperate) and she needed money for her Christmas expenses etc.
9. I have been away from Delhi from 29th December to 10th April. In the first week January I had asked AMF/JH through telecalls and sms to inform me of the chit auctioning/bidding process as it happens. But I did not get any communications. The sms that I got from AMF on 13.01.11 22:04 read like this: “Pls give the chit money otherwise we will sale ur chit within 2 days.ur total amount is 52 000 and pls don’t gave us any sms if u want 2 talk with us then pls call us. Alex Fathima”
I responded saying that the amount looks too high and again asked for details. AMF said that the said amount includes interests she had to pay for getting the amount from outside for paying the subscription. (On return to Delhi in April after much efforts and many hassles, I first found through investigations that the correct dues for all the chits in January was only Rs.46198. that means the interest charged by her was in range of 12-13% per month. JH also told me that they had taken that loan from Helen, but Helen denied paying that loan and I had informed JH on Helen’s statement. However it is to be emphasized that no interest needs to be charged as on 13.1. the day of the notice-sms as it was within the grace period.)
But I had again requested her to subtract the due amount from the balance money entrusted with them (Rs.6, 50, 000 with AMF and Rs.10, 90, 000 with JH). as I was geographically far far away and give me details of all the transactions. I had smsed my address for communication.
I had repeatedly requested JH and AMF to honestly and ethically keep their promises made by AMF and JH whenever the money was asked by AMF and/or JH (for many things including during the sickness of the mother of AMF in August to finance the repayment of Annai Velannkanni Poor Scheme Fund in which JH is a partner, out of the prize chit money that I got in September) and asked them to pay for my subscriptions from money AMF and/or JH have won/gained chits in January, February, and March (very specifically I mentioned the prize money from the 3 lakh chit run/managed by SKI Samy – I had also communicated this message to SKI Samy in February/ March).
I had been asking through repeated calls and smses to JH and AMF for detailed accounts of all transactions which AMF and JH did not give during those period (December April) of my absence from Delhi informing them of my serious financial requirements/constraints and help me to prepare for a purposeful and peaceful retired life in Tamil Nadu. AMF and/or JH did not subscription and other information as provided in the Guidelines issued by the Registrar of Chit Funds, NCT of Delhi Government.
As I found that my efforts are not succeeding and AMF and JH appeared taking advantage of my physical absence in Delhi, I had asked elders and the vicar of the DCTM to talk to and reason with AMF and JH. The vicar and the elders indicated the failure of their mission to sensitize AMF and JH on morals and ethics of good will and good faith fellowship.
10. On my return in April AMF and JH told me that my Rs.90, 000 chit was terminated by the agent for want of payment of subscription but refused to pay back the 5 months chit subscriptions paid by me for August, September, October, November and December (Rs.3500, 6000, 4100, 4000 and 4077). I told them I can be removed only after paying me my dues. AMF and JH had still not paid me the dues or given me accounts for this dues which as per the said guidelines is all contributions paid with dividends declared.(it is pertinent to pint out that when I met the right Forman of that Chit, he told me the truth which is so different from what was stated by AMF and JH, that is that they have taken/misappropriated that chit…this has all the elements of criminal threats, dishonest misappropriation, Criminal breach of trust and also cheating.
11. In April-May after many many visits and pulls and pushovers/verbal abuses and threats, AMF and Henry informed me that they have taken two of my chits, That was and is without my knowledge and consent again an offence of dishonest misappropriation and breach of trust. I have them to deal with me fairly and not to cheat me or defraud me but I will be generous with them if they give proper and just accounts and give promise to protect my rights and commit themselves sincerely to behave. To my requests and pleadings, I only got verbal, emotional, spiritual and nearly physical abuses/threats/challenges.
12. I went for the chits bidding on May 1, I tried but could not succeed to win any chit (Prize). I could not go and did not for for chit auctions in June and July as I did not want to affect the sanctity of the holy Sunday mass and prayers. Theoretically in the normal course three one lakh chits (that began in Feb) and three 1.5 lakh chit (that began in June) should come to me. So far I have neither received any information on these chits or have received the prize moneys which theoretically will be Rs.7, 50, 000 less general discount which is 5%, that means that I am deprived of my property of Rs., 7, 12, 500 dishonestly by AMF and JH. Though AMF and JH are running chit fund business, they have no knowledge, no respect for the rule of law (The Chit Fund Act 1982 and the rules made thereunder and also simple guidelines provided by the local Delhi Government) and illegally and dishonestly misappropriating my property/money and continuously cheating me with new lies.
13. I have been asking for proper accounts since then but nothing has been communicated to me so far. I have communicated to them, cautioning them again, directing them to call me whenever there is bidding for chits and also telling them not to let any one including them to bid for me.
14. On July 16, in the reconciliation meeting arranged by Mr. Joseph Cyril Stanley, brother of JH, who had come with authority/briefing of AMF (she had already told me that I should deal only with JH and not to communicate with her directly in May – June which was also acknowledged by JH even in the above meeting) JH informed me that they had to take away my chits to manage the chits due to default of subscriptions many and I should be satisfied with their return of what I had entrusted them and that they will only pay in installments of one lakh per year. I said I will not forego my chit rights and the moneys due to me should be given to me and added their proposal is not acceptable to me because of the time and space constraint and said that this is cheating, breach of trust and misappropriation which are all immoral, unethical and illegal and criminal. Then JH said that if I insist on my rights and dues, AMF may end her life and put me along with JH in big legal trouble. I told JH that this is the repeat of what he said in November (that he is tempted to commit suicide) and I had brought these issues to the notice of many elders and the vicar in the DRCTM and also to some officers in the Government. I would also like to bring to your notice that kind of emotional and spiritual/religious blackmail and financial intimidation is to subdue me and lower my spiritual and emotional well-being. There seems to be a continuous chain-like and wheel (hub-pokes) type criminal conspiracy underneath all these continuing criminal acts/wrongs/ episodes.
15. I did some detailed calculations which indicate the huge undue enrichment to AMF and JH, from all the above episodes by their own broken promises and willful and continued offences/wrongs against me, my property, my spiritual, emotional and physical life, breach of trust, dishonest misappropriation/conversion, cheating and criminal intimidation/blackmail. They know my medical condition and my health issues. These episodes individually/singularly and collectively/plurally are hurting me financially, emotionally and spiritual and harming my already fragile health (CKD Stage V). One of the symptoms of the internal harm/greivious hurt is the manifestation of high blood pressure and visible signs of blown-up/swelling veins as compared to the earlier normal blood pressure and normail practically invisible veins. AMF and JH are very well off and live a very high life. May I place before you the following maxims which gave me strength and support. Nemo punitur pro alieno delicto. Nemo potest mutare consilium suum in alterius injuriam. Nemo potest facere per obliquum quod per se non potest facere per direction. (No one is punished for the crime/wrong of another. No one can change his purpose to the injury of another. No one can do indirectly what he can not do directly.)
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