23 January 2013

AISPA Update: 23rd December, 2012


Dear Speakasians,

 It has been a rather hectic month for Team AISPA because of which this UPDATE has been delayed; we now attempt to update all Speakasians of the present situation as follows:
EXIT PAYMENTS:
The update dated 21st December, 2012 on the company Blog spot: www.speakasiaonlinemarketing.blogspot.in came as a major relief as we all were anxiously awaiting the announcement by the company on the EXIT PAYOUTS.
Of course it did not come as a surprise that the company was suffering from logistical issues, as these issues were already discussed and brought out in the public domain through AISPA update’s of 18th October, 2012 and 23rd October, 2012, we wish to draw your attention that since the beginning we have known of various issues as addressed in the AISPA updates, and it was expected that these will be roadblocks in the process.
In the AISPA update dated 23rd October, 2012 AISPA had brought to your notice the following issues as under:
“FIRST and foremost we need to understand that in the absence of the SAOL website with the company, the company is showing abundant precaution and taking cautious steps to ensure that all refunds are made without any errors and are credited to the EXITING Panelists bank account only and not to anybody else”.
Para 2 of the Company update dated 21st December, 2012 points out that there are multiple claimants for particular ID’s, in this case it must be difficult for the company to assess who in fact is the true and rightful owner of the EXITING ID.
It is pertinent to note that the company should show full diligence and assess in detail and ensure that the payment is made only into the account of the rightful owner of the particular EXITING ID.
We are sure that in such cases the Panelists will surely not mind a delay of couple of weeks rather then not get any refund at all, or worst let someone else get the money which is legally due to them
The company now assures of being able to find resolution to these issues in the coming week, and as such the time line seems reasonable and we all should continue to remain patient and support the company in its endeavour to start the EXIT PAYMENTS.
Through this communication AISPA urges the company Speakasia; to immediately start the “EXIT Payout Process” AS EARLY AS POSSIBLE
We wish to remind all Speakasians that it has been AISPA’s basic objective to ensure that the payments to the Panelists are effected as soon as possible and without any problem.
THE COURT MATTERS:
1. a) WP/3210/2011: Quashing of RAIGAD (Mhasala) FIR 13/2011
b) WP/3211/2011: Quashing of THANE (Mira Road) FIR/1324/2011
The prayer in this matter has since been amended from quashing to transfer of Investigation.
We wish to draw your attention to the Order of the Hon’ble Divison Bench of the Hon’ble Bombay High Court dated 22nd November, 2012, relevant portion is reproduced herein below:
“In view of the facts of the case, the case for transfer of investigation will have to be considered by the appropriate authority in accordance with Circular dated 5th July, 2012. Therefore, we direct that decision shall be taken within a period of two weeks from today”.
The matter was listed on 7th December, 2012 under the caption “for directions”. As the matter did not reach listing on 7th December, 2012, the matter was listed for directions on 20th December, 2012.
We attempt to clarify and explain the order referred above dated 22nd November, 2012 as follows:
The courts having been over burdened with innumerable cases for transfer of investigation asked the Director General of Police (DGP) to set up committees to deal with the issue of transfer of investigation.
Vide circular dated 5th July, 2012, the DGP set up a three member committee under each Commissionerate, to look into and decide on the issue of transfer of Investigation.
As per the order dated 22nd November, 2012 the Hon’ble Divison Bench had asked this committee to take necessary decision and based on such a decision the Hon’ble DB would then pass necessary “Directions” in the matter.
As mentioned above this WP/3210 & 3211/2011 was scheduled to be listed on 20th December, 2012 for “Directions”.
On 20th December, 2012, the respondents i.e. EOW Thane, has submitted the confidential Reports to the Hon’ble High Court and the matter is now posted for “Final Hearing” on 22nd January, 2013.
The parties have been granted Liberty to file compilation of Judgments to further their case. This means that the parties can file previous judgements in similar case as decided by the HC’s and SC to prove their contention.
ABA/1083/2012: Anticipatory Bail Application (ABA) of Mr. Ashok Bahirwani, Secretary, AISPA.
We all know and it is public knowledge that Mr. Bahirwani joined the SAOL Business Model on 16th May, 2011 much after the Speakasia Business came to be halted on 11th May, 2011.
Mr. Bahirwani came to the forefront after AISPA was formed on 14th August, 2011 much after FIR 153/2011 (renumbered at EOW as C.R. 60/2011).
As per legal opinion Mr. Bahirwani cannot be prosecuted U/s 406, 420 and 120 of the IPC.
Mr. Bahirwani, if at all, is a copy book example of a victim, being one of the last of the joinees, who has not recovered any money from the Speakasia Business Model, and as such he cannot even be accused of any mischief under the PCMC (Banning) Act, 1978.
In this ABA, Mr. Ashok Bahirwani, in larger public interest, brought to the notice of the Hon’ble Bombay High Court that the Company Business Model in itself does not fall under the mischief of the PCMC (Banning) Act, 1978.
On his prayer the court has permitted him to serve notice on the Company to appear before the court and give its say in the matter.
In this ABA matter on the consent of the EOW, the Hon’ble High Court was pleased to allow Videography of the Investigation/interview of Mr. Ashok Bahirwani, with the Investigating Officer (IO).
Surprising to note that the IO did not summon Mr. Bahirwani for almost 9 days after the order was passed and summoned him on the last day before the hearing i.e. on 16th December, 2012.
Due to some technical issues the Videography could not be undertaken, and on 17th December, 2012 the EOW withdrew its consent to the VIDEOGRAPHY.
The EOW also objected to the company being made a party but the Hon’ble High Court has allowed the company to come and give its say in the matter.
The ABA is now posted for 9th January, 2013 for “Final Hearing”



THE MISINFORMED AND BIASED MEDIA:
We Speakasians have borne the brunt and felt the excruciatingly painful experience of how a misinformed and biased media can harm an honest Business Model.
We have come to realise how their reach and power can change the perception of the entire nation in general and unfortunately the authorities and powers that be, in particular.
After having mischievously and miserably ravaged the Speakasia Business Model, this uncontrollable Frankenstein, a.k.a. “Media” has set out to destroy this sunrise Networking industry.
Two Articles appearing in premier Business Newspaper need to be read and explained as to why we state as above.
Herein below are the links to these two articles:
In reply to the article authored by Ms. Shruti Srivastava appearing in the Financial Express on 4thDecember, 2012 we have to state as below:
This Article has drawn on the name of Speakasia without actually understanding the Speakasia Business Model in its entirety; unfortunately the said article suffers from lack of journalistic prudence.
Although we don’t deny that there is an urgent need to set up a Monitoring and a Regulating authority for the MLM industry we, vehemently deny that the Speakasia matter is in any way close to being a fraud.
The author pens these lines in her opening Paragraph and we reproduce as below:
“with a compensation plan in which the subscribers would compulsorily have to enroll certain minimum number of subscribers to become entitled to monetary benefits or link the monetary benefits or commission to the subscribers”.
Ms. Shruti Srivastava, there is NO COMPULSORY enrolment requirement in the Speakasia Business Model and as such your statement instead of being read as why Speakasia falls under the mischief of MONEY CIRCULATION in fact is testimonial to the fact that the Speakasian Business Model does not fall under the gambit of MONEY CIRCULATION and thus the application of PCMC (Banning) Act, 1978 on Speakasia is uncalled for, unjustified and grossly illegal.
The author goes on to end the impugned article by once again mischievously referring and commenting on Speakasia in a baseless and misinformed manner.
The Speakasia Business Model is not in any way based on the principals of MLM marketing as there is no compulsion what so ever and no minimum buying or selling requirement on a monthly basis.
We do not wish to comment on the intelligence or prudence of the said author, our only objection and point of concern is on Mr. Basu having contemptuously referring and/or drawing on the Speakasia Business model.
We are sure that Mr. Debashis has not cared or tried to understand the Speakasia Business Model and as is seen nowadays has based his “facts” on mere hearsay.
Mr. Basu for your information it is for the first time in history that an Association of Panelists (investors for the uninitiated) have remained united together for such a long period of time only because we the Panelists were sure and trusted implicitly the intention of the Company to affect the refunds.
Mr. Basu for your information it is for the first time in history that an Association of Panelists (investors for the uninitiated) have remained united together for such a long period of time only because we the Panelists were sure and trusted implicitly the intention of the Company to affect the refunds.
If you have the patience and the inclination to really understand the PCMC (Banning) Act, 1978 may we suggest that you read the following Supreme Court Order for better understanding of the Act.

Commenting on the Second Article referred above authored by Mr. Debashis Basu in the Business Standard on Sunday i.e. 9th December, 2012.
Mr. Debashis contrary to popular belief, Speakasia has not as you refer “went belly up” In fact, Speakasia is standing tall and fighting back against all allegation and Speakasia has in fact announced an EXIT POLICY way back in August 2011, and in spite of the Mediation Process having been called off, the company has started its EXIT PAYMENTS.
It has been seen, in many past Financial Failures even when the promoters have been arrested and jailed, even after their Bank accounts have been freezed and the properties been seized the marginal investor has never ever been repaid, the investor has never recovered his investment. The money invested never ever comes back even if there is a conviction in the matter.
Here is a company who has committed and is in fact refunding the money claimed by some percentage of Subscribers and instead of appreciating this act the media is ganging up to create a negative bias in the minds of the general public.
Mr. Basu, Speakasia is on the verge of creating history as being one of the rarest of rare companies who has started to refund the subscription cost of its Panelists.
To sell your articles to the general public, Mr. Basu you may use fancy words like “Ponzi etc” which have no legal meaning as they are not defined as per Indian Laws, in the absence of any legality such articles as referred above are a sheer waste of time and nothing less than banter, these articles are not even worth the paper they are written on.
Mr. Basu you have sadly and grossly misunderstood section 2(c) of the PCMC (Banning) Act, 1978 and I urge you to revisit the section once again you may realise that when a Business Model does not have joining of members under them compulsorily then such Business Model does not fall under the mischief of the PCMC (Banning) Act, 1978.
Link to above referred Order: http://indiankanoon.org/doc/1926500/
UNITED FRONT OF NETWORKING PROFESSIONALS:
In wake of the various News reports appearing in many “Reputed” [sic] Business Periodicals and Business Dailies [sic][sic], over the last couple of weeks which have been targeted at the Nascent NETWORKING INDUSTRY, we at AISPA think that this is the opportune correct time that all professionals working in the Networking Industry should unite under a larger platform cutting across company lines and considerations, to create a unified Confederation of types, to counter the misinformation and bias against the NETWORKING INDUSTRY in general.
Only if we stand united and together that we will be able to voice our opinion and do our small bit to save this sunrise NETWORKING INDUSTRY and forge an alliance to bring our opinion before the authorities and policy makers.
AISPA most humbly offers its assistance and help in coordinating to set up such a confederation on a NATIONAL LEVEL.
We appeal to all NETWORKING PROFESSIONALS let us get UNITED NOW before it is too late and the last nail is hammered into the proverbial coffin for the NETWORKING INDUSTRY.
This movement if it happens, it will be for our survival, it will be for our safe and secured future.
“Victory at all costs, victory in spite of all terror, victory however long and hard the road may be; for without victory, there is no survival”.
....Winston Churchill
Warm Regards
Team AISPA


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