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Caught up in the nightmare of brokerage
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Caught up in the nightmare of brokerage
?Notice is hereby given that on? shall take place before the Master?s, Supreme Court situated at Jules Koenig Street, Port-Louis, the Sale by Levy.? A notice that is often not even taken into account by the lay reader. Except by those who are waiting for an ?opportunity? to buy property for next to nothing. Plenty has been said about the tragedies that lie behind cases of sale by levy. But, even with the help of the still recent commission for the protection of the borrowers, cases where the difficulty to comfort the ?victim? is as great as his sufferance still exist. Sale by Levy was the last act in a series of reversals Sarawon Bappoo has experienced for nearly two decades, like in a horrid nightmare. Severely injured in a motorcycle accident in 1993, while he was retiring, he had to face partial incapacity and a judgment in court which left him unsatisfied, as the defendant was condemned only to pay a fine of Rs 1,000 and Rs 150 as costs.
To what Sarawon Bappoo considers as adding insult to injury, he was caught in the system of brokerage. ?In 1998, I had an urgent need for cash to celebrate the wedding of one of my children.? As it is often the case under these conditions, the deal turned against him. ?I had given my house as guarantee for a loan of Rs 150,000 from the broker?. The property consisted of 700 m2 with a big six-room house. ?The brokers and his intermediaries accompanied us to the bank and after deducting the notary?s fee, commission and charges, we were left with only Rs 85,000.? Sarawon would not bother, as he was sure he would repay all the debt according to the set deal.
But this was not enough. ?It was such a shock when I learned after all these years that I still had to pay an additional Rs 60,000?. His house has thus been seized. Sarawon is trapped but he does not want to give up against adversity. ?The person who had bought my house had even sold it for Rs 320 000. Do you call that justice?? He decides to attract the attention of the public to his case.
?I am an 18% handicapped person as a result of the accident. I had to undergo an eye operation in November 2006.? But, at 71, Sarawon Bappoo has not lost his fighting spirit and he wrote both to the prime minister, Navin Ramgoolam, and to the attorney general, Rama Valayden.
Lifebelt</B>
?Following the procedures, we referred the case to the Commission for the protection of borrowers?, explains Rama Valayden. In a letter dated October 19th 2007, Commissioner Robert Ahnee requested explanations from the attorney commissioned by the brokers on the conditions of their claim of Rs 60,224.
Yet, the follow-up has not led to the reopening of the case. ?The new structure that was set up by authorities to protect the borrowers did not exist at the time when the sale by levy was executed?, adds the attorney general. ?As it is, the enquiry made by the Commission concluded that there was no issue as it cannot act retroactively.?
But Rama Valayden has given some signs of hope: ?We have also referred Mr Bappoo?s case to the commission set up at the ministry of Finance.? This commission is supposed to study such cases and will eventually give a lifebelt to the dispossessed.
However, there is no question for Sarawon to be fully compensated. Meanwhile, a second house, bought by Sarawon?s son, is also threatened of seizure. The latter did not have the means to repay his debts. So, unless the inhuman mechanism can be stopped this time, a very sad end of the year awaits the Bappoo in Glen Park.
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