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Moneylife » life » public-interest » will-speak-asia-refund-money-to-all-panellists
 
Will Speak Asia refund money to all panellists?
February 11, 2012 10:30 AM | Bookmark and Share
Moneylife Digital Team

The company owes over Rs2,000 crore to all its panellists either as subscription amount it collected or income it has to pay for filling surveys. However, the main question is whether Speak Asia really has that much amount left in India?

Speak Asia, the troubled and almost defunct multi-level marketing (MLM) company got a shock of its lifetime from none other than the Indian Supreme Court. The apex court, while hearing a petition filed by Solomon Jemes and others, has told the MLM company to deposit the amount it owes to panellists and tax authorities. However, with not a single official from Speak Asia coming forward (as they all are absconding), there is a slim chance that it may deposit the money in the SC.

There are two issues that are being discussed among Speak Asia panellists based on the Supreme Court order. One, whether the company will deposit any money in the SC and second how much will it be. Incidentally, Speak Asia and its top leaders have been found telling other panellists that the company is willing to pay money to them but the Reserve Bank of India (RBI) has frozen its accounts and hence it is unable to pay! However, this is not the case. Several bank accounts related with Speak Asia distributors were frozen by banks after tax authorities initiated inquiry against them. The company does not have any bank account opened under its name in India.

The Supreme Court, in its order on 6th February, has said, “We request the learned mediator (justice (retd) RC Lahoti) to ascertain how much amount in fact is due and payable to the petitioners and other authorities. We direct the concerned respondents to deposit the amount indicated by the learned mediator with the secretary general of the Supreme Court within two weeks of the order of the learned mediator. All the parties would be at liberty to participate in the proceedings before the learned mediator.” 

According to a newspaper report, the company has shown willingness to deposit only Rs50 crore that it owes to the 115 panellists who had filed the case. However, the SC had clearly put the onus on the mediator to ascertain the exact amount that Speak Asia owes to the “petitioners” and “other authorities” like the income tax and sales tax departments. This also means other panellists, who are not part of the petition, may or may not get their dues from Speak Asia.

Here the basic question is, how much money the company really has in its (or its distributors’) accounts and if it is willing to pay to the money to all panellists or not. As Moneylife has already reported, Speak Asia owes around Rs2,280 crore by way of payments to about 19 lakh panellists it has enrolled as of 31 July 2011 and it may have to pay other dues like payments to newspapers for publishing the company’s advertisements and taxes.

This is the very same company, whose officials, while speaking at a press conference in Mumbai last year had claimed Speak Asia has plenty of money in its accounts.

In a statement distributed on 16 May 2011, Speak Asia had said: “At the end of its first phase, Speak Asia Online Pte Ltd (SAOL) has clocked a revenue turnover of $80.5 million (about Rs400 crore) over the last three quarters. 1.2 million panellists have received monies over $52 million (around Rs260 crore) over this period through bank transfers via RBI authorized forex channels. This income has been generated by filling up of surveys, giving online opinion on advertisements watched, and income accrued from referring other panellists. The company has till date invested over $9 million for various marketing, training and business development programmes. The company in line with other overseas online businesses has a collection representative, which pays all applicable service tax in India; they have paid a total of Rs68 crore as service tax to the government of India, up to 30 April 2011.” 

When the MLM was operational, it paid about Rs260 crore to 12 lakh panellists. However, as of end July 2011, it owed about Rs2,280 crore to 19 lakh panellists just as income from the surveys they filed, forget getting back the Rs11,000 each of them paid. The company had collected Rs2,090 crore (19 lakh X Rs11,000) as subscription fees from all panellists for its e-zine. In short, the company needs to pay over Rs2,000 crore, if at all it is willing to refund the money either as subscription amount or income from surveys to all its panellists. However, the main question is whether Speak Asia really has that much amount left in India?

According to Moneylife investigations, Speak India Network Marketing Pvt Ltd is a company registered in Mumbai, with Indian directors. This company and Speak India Online were collecting money from survey panellists and have accounts in ICICI Bank, ING, State Bank of India and a dozen others. Each bank had remitted Rs50 crore to Rs180 crore. About Rs1,000 crore had already been transferred abroad. The money remitted to these accounts was pooled into a company called Tulsiateck, which is also registered in Mumbai.

Our sources told us that Tulsiateck remitted funds to buy “survey software” from a company called Haren Ventures Pte Ltd of Singapore owned by Harender Kaur, who sometimes used to appear as promoter of Speak Asia at mega events such as the glitzy conference held in Goa last year. The money from Haren Ventures in Singapore may or may not be going to Speak Asia Singapore, the company in whose name this massive ‘survey’ company has enrolled 1.9 million panellists. Haren Ventures is the distributor of e-zine “Surveys Today”.

Last year, after the arrest of Speak Asia’s chief operating officer (COO) Tarak Bajpai and some others associated with its operations, the MLM company released half page ads in newspapers, in order to allay fears of its panellists. Through these ads, the company requested its panellists to use the reward points they had collected, to buy certain unbranded or unnamed products like LCD television sets, in lieu of money. Interestingly, there is one brand ‘YUG’ mentioned on some products which the company claims is a famous brand in Germany. Unfortunately, Germans themselves are clueless and have never heard about any brand called ‘YUG’ in their country!

Some panellists explained that the company was offering products in lieu of reward points (1 reward point=Rs50). But since Speak Asia had very few products, many were not happy buying whatever is available on the company’s website and have had voiced their discontent on the Internet.

The MLM company came under the scanner of investigating authorities after it became known that it was promising easy income by merely filling online surveys.

Meanwhile, according to the reports, Mr Bajpai had become untraceable after he was granted bail by a Vijaywada court. Speak Asia’s chairperson Haren Kaur and CEO for India, Manoj Kumar and several other top officials are still at large.

 



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24 Comments
NANDAN KUMAR DEY 1 month ago
how to get my money from SPEAK ASIA .
9321030736 this is my no. plz tell me
» Reply » Link » Report abuse
NANDAN KUMAR DEY 1 month ago
how to get my money from SPEAK ASIA .
9321030736 this is my no. plz tell me
» Reply » Link » Report abuse
    
  jutamaro 1 month ago  in reply to NANDAN KUMAR DEY
File an Intervention Application in the SC before April 30, 2012 being the next day of hearing of writ 383/2011. It will cost u just Rs1400. Better form a registered association of like minded panelists and file a single application. Read how at http://behindmlm.com/companies/speak-asi....
» Reply » Link » Report abuse
sunil 2 months ago
are we really going to get our money back or these are just dreams again ?
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  jutamaro 1 month ago  in reply to Sunil
No Effort No Result.
Better get together an association of like-minded panelists and file FIR in you city. With an association you may be able to file an FIR with the EoW of your State. Read all about it from the posts being made at http://behindmlm.com/companies/speak-asi...
» Reply » Link » Report abuse
J L SETH 2 months ago
I am also a Penalist. My wife and duaghter too are penalists. Having invested Rs.33000/-(11000 each) and filled up surveys too, our entire money seems to have sunk. I do not even know where and how to file our claim to seek refund of our investment as per the SC order of Feb.2012.
I am unable to log on to speakasia as it is always displaying error.
The telephone numbers shown in one of the sites for Sales Support Hotline for India do not exist. These number as shown on the site are: 91-11-46488000 and 91-11-46170511. Both are non- existant.
I wonder if someone can guide us how and where to file claim and become a party to the plaint to be decided by the SC appointed mediator.
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  Jutamaro 2 months ago  in reply to J L SETH
What is being decided or already decided in the SC is Civil Writ 383/2011 in favour of 115 panelists under Jonathan James & Othrs. Period. Most of these panelists from Delhi and neighboring areas are leaders and others who had invested heavily in SAOL. There can be no further additions to it. This is no Exit Option as professed by the likes of AISPA, SAOL & Others.

See if you can team up with other panelists you know or in your area (say) about 200-500 of them and then file a Civil Writ in the Supreme Court with your advocating case #383/2011 then you all would have a great chance of not only recovering your membership fees but also your RP while the cost of the case would get debited to SAOL including legal expenses.
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jutamaro 2 months ago
Feb 23, 2012 Bombay High Court Order:
WP(C) 383 of 2011
1

ITEM NO.1 COURT NO.3 SECTION X

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

WRIT PETITION (CIVIL) NO(s). 383 OF 2011

SOLOMON JEMES & ORS. Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(With application for impleadment, directions, stay and office
report)

Date: 23/02/2012 This Petition was called on for hearing today.

CORAM :
HON’BLE MR. JUSTICE DALVEER BHANDARI
HON’BLE MR. JUSTICE DIPAK MISRA

For Petitioner(s) Mr. Vivek Sibal, Adv.
Mr. Sushil K. Tekriwal, Adv.
Ms. K.V.Bharathi Upadhyaya, Adv.
Dr. (Ms.) Mamta Tekriwal, Adv.
Mr. Rajiv K. Raj, Adv.

For Applicant (s)
In IA 2 Mr. Vivek Singh, Adv.
Mr. Rajiv Yadav, Adv.

in IA 3 Mr. Ashutosh Jha, Adv.
Mr. Amit Anand Tiwari ,Adv

In IA 4 Mr. Jitendra Mohan Sharma, Adv.
Mr. Aneesh Sharma, Adv.
Mr. Nitin Singh, Adv.

For Respondent(s) Ms. Indu Malhotra, Sr. Adv.
For Rrs 3 & 4 Ms. Jyoti Singh, Adv.
Mr. Narhari Singh, Adv.
Mr. Vikas Mehta, Adv.

For UOI Ms. Indira Jaisingh, ASG.
Mr. Abhinav Mukerji, Adv.
Ms. Supriya Jain, Adv.
Ms. Anil Katiyar, Adv.
WP(C) 383 of 2011
2

UPON hearing counsel the Court made the following
O R D E R
…2/-

In pursuance to the directions of this Court
dated 6th February, 2012, respondent Nos. 3 and 4
have deposited an amount of US $ 10 million by
way of a bank draft bearing DD No. 037002 dated
20th February, 2012 drawn on State Bank of India,
Singapore Branch in favour of “The Registrar,
Supreme Court of India” in the Registry of this
Court.
Learned counsel for the respondent Nos. 3 and
4 submits that this amount be deposited in a
fixed deposit for a period of 91 days initially
with the UCO Bank, Supreme Court Compound, on an
auto renewal basis. This request seems to be
reasonable and we order accordingly.
We also direct the Secretary General of this
Court to invest the amount today itself in the
UCO Bank, Supreme Court Compound for a period of
91 days on auto renewal basis.
With these directions, this application
stands disposed of. However, it is made clear
that the disbursement of the amount would be
subject to further orders of this Court.
Learned Additional Solicitor General
undertakes to file an affidavit.. She may do so
within a period of two weeks. Reply, if any,
thereto be filed within two weeks thereafter.

[KALYANI GUPTA] [INDU SATIJA]
COURT MASTER COURT MASTER
WP(C) 383 of 2011
3

“…..this application stands disposed off”. Does this mean the matter of 383/2011 stands closed and only on SC orders the money will be distributed? Whatever happened to the demand that was to be raised by Justice Lahoti on SAOL? Has this Bahirwani/SAOL preempted Justice Lahoti’s move of a bigger demand?

Again, this Bahirwani chap at its AISPA has stated that at the 3611/2011 hearing in Bombay High Court on Feb 23rd, EoW had stated that the Supreme Court had allowed them to continue their investigation and that the Bombay High Court had asked it to place that order with them.

Again, this Bahirwani chap has also stated something about arm twisting by Navniit Kkhosla and the Bombay High Court censoring him for it. Is it true or is Bahirwani just hallucinating or in desperation become schizophrenic in not being able to keep his flock of brainwashed panelists in line after a series of court cases going against his beloved SAOL?

Please comment only from learned people like those of moneylife would be appreciated.
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  Sandesh 2 months ago  in reply to Jutamaro
The order clearly says 'this application stands disposed off" and at the start of this order it is mentioned as (With application for impleadment, directions, stay and office
report)
In other words, the case would continue to be heard, while this particular applications is disposed off. If you read below, the ASG is allowed to file an affidavit in two weeks before the court. If the case is dismissed, then how will she file it? Hope this clears your doubt.
Thanks
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  jutamaro 2 months ago  in reply to Sandesh
@Sandesh
What happened to the demand on SAOL that was to be raised by Retd. Justice Lahoti and the deposit of the same with the Secretary General of the SC within two weeks of raising of the demand as per the last order of the SC in case #383/2011. The $10 million that has been deposited by SAOL seems to have no relation with the demand to be raised by Retd. Justice Lahoti.
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kamalkapoor 2 months ago
star tv india ne speak asia ke maa behan ek kar de aur com. band karva ke he dam lia.laken uske baad jo log com. se jude the unke bare me kuch nahe socha ke unka paise kaise vapis hoge laken com.agar aaj jude logo ka paise return karte hai to ye star news ke ga
al par karara thappad hoga.
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Incorrect News 3 months ago
The banks were indeed given a notice by RBI which triggered the stoppage of transactions for Speakasia. I just stopped reading this article after seeing the incorrect news about RBI. You could check any banks for the circular which was sent in May by RBI. Plus if you see what the court has said in it's statement you would not have made the wrong statement.
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  MDT 3 months ago  in reply to Incorrect News
Dear Parasmani,
While, several panellists are feeling that it is the RBI that has stopped their payment, they fail to understand that the central bank does not have any jurisdiction in Singapore from where the account freezing process started. Banks in India have not frozen any account of Speak Asia, as the company does not have an account in the country under its own name.

Indian banks have frozen several accounts of distributors after the investigations by the income-tax and sales tax departments. Unfortunately, many agents are still under the impression that the RBI has frozen Speak Asia's bank accounts and that they would get their money as soon as it is released.
http://www.moneylife.in/article/78/19553...
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Pawan 3 months ago
Plz refund my money.i am a speak asia penelist.Any info related to refund plz send it my email id-pawanpawar116@gmail.com
» Reply » Link » Report abuse
ravi 3 months ago
ya sahla dash ko bach danga maha froud hai yah . I don,t think we will get our money back .
» Reply » Link » Report abuse
Jutamaro 3 months ago
I am of the opinion that the term "petitioners" that the Supreme Court has referred to in its order of Feb 6, 2012 implies only the petitioners of case number 383/2011, i.e. 115 panelists under the banner of Solomon James & Others. Just like Respondent 6 means the EoW holding the list. The rest of the panelists can just lump it. It is for this very reason that Secretary of AISPA, Ashok Bharwani has been stating that Rs50 crores (presumably the dues to the 115 panelists which includes membership fees of 11k plus survey/binary income due to them) will be deposited with the Secretary General of the Supreme Court. This Ashok has been chirping to his "brainwashed" panelists who are members of his AISPA that this is a favourable decision of the SC for restarting of SAOL. Crap! The SC order does not refer to anything but payment to the petitioners. Also his brainwashed panelists can hope for a future filing of a similar case in the SC provided the Jonathan James' panelists actually get their dues back. But then that is another matter and also dependent on SAOL yet having the balance of crores just to refund the membership fees. Forget the RPs.
» Reply » Link » Report abuse
s r gupta 3 months ago
speakasia ka paisa pahle unko milana chahiye jinko joining ka 11000/= dene ke bad kuch bhi nahi mila uske bad hi sabke bare me chocna chahiye thanks
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  Danzel 2 months ago  in reply to S R Gupta
You are absolutely correct....Let everyone first get their invested money, no problem even if they deduct the 1000/- registration charge.
» Reply » Link » Report abuse
sachet 3 months ago
when will i get my money back
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RANJEET 3 months ago
EURATIA CREATION AD MATRIX RAM SURVEY UNIMAXEL. GB ASIA ALGULF

YEH SAAAAB CHOR COMPANY JO KI MILLION MONEY LEY GEEE HAI

MONEY LIFE ANDAAA HAI YAHA PER ARTICLE NHEEE HOGA

JO COMPNY MAUJOOD HAI USKEEE LEY LOOOOOOOO WAH MONEY LIFE BHGWAN DEYGA AISEEE KI KAI SAAAL TAK BHUL NEEE PAOGEY
» Reply » Link » Report abuse
SHADAB KHAN 3 months ago
SPEAKASIA KI CHINTA JYDA NA KEROOOOOOO

SUCHETA DALAL MAM AAB BARI AAPKI

HAI LEGAL WARMONEY LIFE JAYGAAAAAAA IN RANCHI
2000 PANELIST GO TO FILE A CASE INCULDING YR MONEYLIFE NEXT WEEK MEETING IN DELHI NCR
» Reply » Link » Report abuse
    
  jutamaro 2 months ago  in reply to SHADAB KHAN
@Shutup Khan
"2000 PANELIST GO TO FILE A CASE INCULDING YR MONEYLIFE NEXT WEEK"
Did you file the case? What is the case # and in which court?
» Reply » Link » Report abuse
    
  Danzel 2 months ago  in reply to Jutamaro
Even i would like to file a case to get back my money....Hey friends pls advice ..how to go ahead about this.
» Reply » Link » Report abuse
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