Regarding arbitration
Harish Mishra
(Querist) 18 June 2013
This query is : Resolved
Hi
i am attending a person in an Arbitration matter of Nse the client has opened an trading A/c with a Broker and deposited around 4.75 lakhs rs through chreque and around 3 lakhs rs stock transffered in his DMat A/c after that one day client realise that his balance and shares are not matching in the a/c broker did not respond about his query then he came to me and i made a complaint in SEBI thereafter Nse made some paper available in that papers most of the loss occurred in future and options segment the main thing is i am mentioning below:
1 the mail id in the kyc is given is pertaining to the relative of client
2.all the contract notes has been sent on the mail id
3.the contact no is mention in kyc is pertaining to relative
4in the kyc no authority letter given by client
5.client did not get any physical contract notes
6.client has received only a/c opening kit
7.broker confirmed the trade with his relative
8. first hearing has been completed by Sole Arbitrator
9. asking for a Affidavit that this mail id is not belongs to the client so should it give or not?
10.our main objection is that client did not get any contract note and his voice is not present in the recording nor broker confirmed a single trade on his mobile
What step we should opt on the second hearing? Please suggest
ajay sethi
(Expert) 18 June 2013
affidavit shopuld be given that maid id is not of the cleint . since it is your case that mail id does not belong to you nno harm in giving such affidavit . the issue would be in the account opening form and correspondece with the broker have you give the said email id for correspondence purposes .
Harish Mishra
(Querist) 18 June 2013
No client is 75 year old he did not give any mail id moreover he is not computer literate
ajay sethi
(Expert) 18 June 2013
you have a good case on merits .
Harish Mishra
(Querist) 18 June 2013
the one draw back in the case i see which is first 3-4 cheque scan copy sent to his relative who opened his a/c and she sent the scan copy through the mail this point is jolting me else i am also not willing to give affidavit
ajay sethi
(Expert) 18 June 2013
in other words she was acting on his behalf . you have gone through case papers . take a call .
Harish Mishra
(Querist) 18 June 2013
Should i call you on 20th? on which time thank you very much
