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Dr. Chandran Peechulli, Ph.D; FIE (Editor & Publisher Chief Engineer(Retd.) GM(T))     18 October 2011

Need for better regulatory mechanism, in the administration

 

SENIOR CITIZEN DUPED AND CHEATED. Neither SEBI / NSE nor Police Dept., rendered sincere help.

Chandran Peechulli Peechulli FACTS OF THE CASE. IN BRIEF.
I, Sri. P.K.Chandran, son of Late P.S. Krishnan, aged about 64 years, a patient of Hyper-tension B.P. and Diabetic, since late 90’s, a Chief Engineer-Marine Retired, residing at M107/5, 29th Cross- Street, Besant Nagar, CHENNAI-600090, do hereby solemnly affirm and state on oath as follows.
1. In reply to the written statement of the respondents, the facts of the case is respectfully submitted, as follows:- 
a. Client Member’s Agreement. Annexure A, * Kindly note that my signatures obtained on their company’s printed format sheets. The initial investment of Rs.2,00,000 (Rupees Two Lakhs), through my SBT Cheque No. 98341 dated the 16th July 2010. The form was neither filled by me, nor by my relatives nor by my friends but notoriously filled by UNICON as a modus operandi.to cheat. Appears to have been a well planned crime, taking my signatures in good faith, saying shall fulfil the formalities, while enticing the customer, assuring very good returns, asking to give them just three months time of waiting-period, giving them an opportunity to serve, saying their existing investors are all, very well satisfied-customers. Please note even the witness signatures were arranged unknown to me. They, also said Chennai branch known for its performance and hence the Corporate Office calls it as “Unicon Investment Solutions”, the name board of CHENNAI OFFICE, though the investment amount is collected, in the name of the Corporate Office UNICON SECURITIES at New Delhi. (Branch Manager) Mr. Ashok Amritraj R, (Business Head) Mr. T.Jagadeesan and assisted by Mr. Raja, all the three worked as a team and collected the money by way of cheque, at my residence. ALL THE THREE MADE TO QUIT AVOIDING QUERIES. Trading was never authorised but for obtaining signatures in a tricky manner, saying they will fulfil the paper-work formalities but later learnt that they had evil motives in their minds. I did ask Mr. Jagadeesan whether his father would spare Rs.10,000 to gamble in trading? While it is my hard-earned life-time savings, in the private industry, being a non-pensioner. Why heartlessly gambled with my hard-earned life savings, is it to blindly gain brokerage commission charges to their company UNICON?
b. While canvassing, luring the customers of best attractive returns ever, as they are from specialised investing company providing attractive brochures with Logo, “At UNICON, we think a step ahead, so that you stay ahead ”.With this slogan, CHENNAI Office displayed as “UNICON Investment Solutions”, in practice had no relevance, though promised to get best returns, if just 3 months waiting time is given, assuring quarterly statement would convince. The Branch Manager Ashok Amritraj and Mr.Jagadeesan came again to our residence again during, wide publicity of COAL INDIA BONDS as GOLD INDIA BONDS. They then received Three Lakhs (3,00,000)during that time in their company’s name saying through their company more COAL INDIA SHARES can be obtained or else marginal or no shares since the demand is more for COAL INDIA SHARES. Quarterly statement nor any relevant documents was not provided. Further Mr.Ashok Amritraj, Branch Manager and Jagadeesan calling at my residence in Dec.2010 only and regretting for the total loss, while my son Capt.Arun was in command of a ship overseas. Mr.Jagadeesan, at the same time assuring us the return of the loss by first selling his own house, now with his tenant in Manali Newtown, Chennai, as he is the only son to his father, to which he had given a 3 Page promissory letter. Though, we couldn’t believe our ears for the heavy loss, within such a small limited period, has no relevance to the fluctuating market, that prevailed during this period. While he had been continuing to cheat saying over two thousand COAL INDIA shares self received. During my old age, running helter shelter for help (guidance and seeking to overcome the pressure of mental tension, for my hard-earned money. I became almost a mad man running pillar to post. Copy of document to substantiate my claim attached. Reported to the Commissioner of Police, Metropolitan City of Greater Chennai.
c. There was absolutely no transparency and commitment in their dealings soon after collecting the money, receiving the Bank Cheque in favour of their company (UNICON Securities), I have though objected to their trading without our prior consent as we parted our hard-earned money to buy COAL INDIA SHARES which had wide publicity in the media. After collecting the money (2nd cheque of Three Lakhs, they started neglecting us, doing trade exchanges to their whims and fancies. Neglected to attend phones in office, saying in the field, even by the mobile phone giving various excuses includes family members of Jagan met an accident and attending injured in hospital. When we suspected foul play, we asked for the refund of our money-back that was invested, alas, came to our house Dec.2010,and then said Sorry, met loss in the short period of five months with UNICON Securities. Please note, they had continued trade exchanges to their whims and fancies, to gain by the brokerage commission charges. There is no professional touch with the local staff. If their transactions are viewed fairly. GOOD PERFORMERS made wealth for their investors. Even the worst performers gave higher returns, higher than Fixed Deposits (FD’s). Please note “TIMES OF INDIA” News of the 28th February 2011, under HEADLINES INVESTORS RICHER BY 4-71 Crores since last budget. So, where has all my money gone?
d. Please do also note that the said lopsided agreement (All in one) were purposefully, well planned crime done to cheat, ought to be done separately under different head, if for transparency, in a meaningful manner. The need for the Company’s Policy & Procedures, to be unbiased and transparent in its approach, giving no room for the innocent investor to be cheated. Besides any enlightened person would note that the transactions were not done, with due care and thought valuing, the hard-earned life-time savings money of the customer, since trading done blindly buying after breakfast and selling after lunch, of the same day, marks no seriousness in business transactions or an iota of concern in the investor’s interest, to be customer-friendly, not to gain by brokerage charges illogically, considering fair trade and business practices.  

e. In the member client agreement, the respondents indicated that the member client (self), have authorised for electronic contract note facility, said in Annex. B, which was also manipulated by their own entry and not that of mine, as an excuse for the non-compliance of contract notes despatch on regular basis to member-client, the filled-in e-mail ID was also wrong to reach the constituent. To check the said Digital Reports in the return mail, if so, send and produce evidence. Later e-mail ID corrected. Totally disagree for Trade Confirmations sent as CD content since manipulated. Not matching with my original voice. Hardly few telephonic confirmation made initially on the request of Mr. T.Jagadeesan, who said to activate my account. As per norms of good working practice, prior permission ought to have been obtained. Investment lost within such a short period of time, is unimaginable, cannot be expected from a financially specialised company. 
f. Attempt made initially by UNICON to convince the Police Authorities, when self petitioned ( Jan.2011), with the Commissioner of Police, Metropolitan City of Greater Chennai,(Ref:261/COP/Visitors/2011dated 19-01-‘11), NorthBeachPolice Station , Crime Section,,Ack.Ref: 3219404. CSR/4/G/BK/11 dated 01-02-2011, giving particulars of Mail Despatch to the general bulk-mail, having no relevance to my case. Ultimately came to an understanding with the POLICE, when the new Branch Manager Mr. U. Abdul Khader, shrewdly said, that the case is under investigation by the NSE, as petitioned with the SEBI *the regulatory authority, therefore the POLICE ACP Harbour Range said shall wait, for the professional investigation report which is under way.
g. Do please note the Financial Statement. The initial statement submitted to POLICE were blind purchases and selling, without a professional touch, pointed out by the POLICE as well, since found purchase made after breakfast and selling same regularly after the lunch. Besides an iota of concern not shown noticing the steep steady fall in the statement figures, as though given to blindly spend and not as an investment to grow, even to Fixed Deposit interest level. * Good performers made wealth for their investors. Even the worst performers gave returns higher than FD’s (Fixed Deposits). Ref: The Times of India News dated the 28th February 2011,under news headline “Investors richer by 4.7 Lakh Crores since last budget” so where has my money gone?
h. The second payment of Rs. 3,00,000(Rupees Three lakhs) through State Bank of India , Besant Nagar Branch Cheque No. 902743 dated 21st October 2010, given exclusively for COAL INDIA shares purchase, during the wide publicity of COAL INDIA, in radio, TV, newspapers etc while heartlessly and notoriously the same was also clubbed into the same account heartlessly and spent. Mr.Jagadeesan said that their company UNICON is in the financial sector and being influential, could obtain more COAL INDIA SHARES, betrayed us by saying so, also showing us a fake statement of COAL INDIA SHARES, 2104 shares obtained for me, but it was proved fake. Then onwards Branch Manager Mr. Ashok Amritraj, Mr.Jagadeesan and Mr. Raja(all the three), were not reachable by office telephone, nor through their mobile phones, suspected foul-play, pre-determined to cheat, as all the three went absconding, soon after that they came to my residence and expressed their failure, saying all money was lost but Mr. Jagadeeesan came forward to compensate by return of our money from the sale of his Manali property, giving me a Three(3) Page written statement while in my residence. Please view the 3 Page statement given to us at our residence. Soon after which Mr. Jagadeesan and his Branch Manager Mr.Ashok Amritraj alongwith Mr. Raja absconded again. Police alas apprehended Jagadeesan forming a plot, asking me to reach out with a car or an auto-rickshaw, who escaped after apprehension with political help saying the payment was not collected by him but by the company (UNICON SECURITIES), but please note the second and final cheque payment made, tracked by SBI, to have encashed in AXIS BANK, Chennai-600001 Branch.
i. Police Asked UNICON SECURITIES to submit records of telephones made by them to me, for trade confirmations said to have been done by UNICON, to prove the truth of call-confirmations. So far not produced, as they can’t produce for the whole period since few calls that was made was said to be, to activate the account only, as per Jagan’s request..
j. It is not right therefore, what the respondents said in their reply, that allegations of fraud, crime , misrepresentation and serious malpractices can only be settled in court. If so, why UNICON representative, the new Chennai Branch Manager got the case released from the Police saying to please wait for the professional SEBI/NSE investigation, which is on, to await their final-report. Hence, It shall be for the competent arbitrator as well to decide all rightful procedural and evidential matters, as it is of a specialised commercial nature, as they got away from the Police Crime Section Case, CSR/4/G/BR/11 dated 01-02-2011,Srl.No3219404, for the Petition forwarded from the Office of the Police Commissioner of Greater Chennai Metropolitan City, under Ref:261/COP/ Visitors/2011 dated the 19th Jan.2011. saying the matter is under the investigation of a special agency (SEBI/NSE.) .Why now neglect? 

k. None of the contract notes or documentation made available until Police intervened to obtain. Totally disagree the trade confirmation sent as CD content which was mixed and manipulated. Not matching with my original voice. Hardly few confirmations made initially to satisfy Mr.Jagadeesan when said to activate my account. As per norms of good working practice, prior permission ought to have been obtained. Physical copy of shares never seen but for document copies given by the new Branch Manager submitted through the Police. 
l. Ashok Amritraj and Jagadeesan, representing UNICON Investment solutions, as Branch Manager and Business Head respectively of Unicon Securities is the prime accused. The Management of UNICON SECURITIES TO BEAR MORAL RESPONSIBILITY for their unfair trade practices, playing with the life-time savings of a senior citizen of the private industry, a non-pensioner who has to rely only on this life time savings. Request for your valued judgement in the interest of the common people’s equity and justice. 
PRAYER:- Most humbly pray to the Honourable Arbitrator, to instil righteousness on merit, by your able judgement of the case I shall be ever grateful in my life, if you could award suitable compensation for losses sustained (my life-time savings lost) out of
• UNICON’s negligence and malicious intention with some vested interest? 
• Due to sheer negligence and malicious intention of the controlling, monitoring and regulating officials. His would curb evil ways of amassing money by short-cuts. 
It is worthwhile to mention here Sir, that evil deeds of owner of Satyam Computers was not detected by team of Chartered Accountants and similarly less provisioning made by public sector banks including SBI towards their regular liabilities such as pension, gratuity, NPA was also not detected by team of CAs who use to audit the bank year after year. Officials in all offices and departments usually remain in search of some clients who can offer attractive bribe in cash or in kind or some precious gifts in lieu of service he extends. Have Government taken action against any advocate or any sub registrar or Any Deed writer or any officials due to whose fault banks had to suffer huge loss? This is why there is mass upsurge against rampant corruption and people of India have started raising voice against corrupt system. Government can punish Ramdeo or Anna Hazare but cannot stop public revolt. Common men are very much fed-up with prevalent corrupt system. Change and change in system can only please Indians. Politicians have hundreds of excuses for their faults and their ill motivated works. Please know the ground level realities of bitter truth and set aside your valued judgement..The recommendation for appointment of Lokayuktas at the States level, was made to improve the standards of Public Administration, by looking into complaints against administrative actions, including cases of corruption, favouritism and official indiscipline in administrative machinery. It is the said recommendation which made The Karnataka State Legislature to enact the Karnataka Lokayukta Act 1984 for investigating into allegations or grievances in respect of administrative actions relatable to matters specified in List II or List III of the 7th Schedule to the Constitution of India.
Most humbly pray to the Honourable Arbitrator, to instil righteousness on merit, by your able judgement of the case. Earnestly request you Sir, to arrange blocking such loopholes causing systemic failure and by suggesting proper regulatory mechanism suiting to the times, so that the innocent and honest do not be duped to suffer. Earlier, I was safer with my Fixed-Deposit, with the Tamilnad Power Finance, offering around 12% return to senior citizen, being a non-pensioner. I shall be ever grateful in my life, if you could award suitable compensation for losses sustained (my life-time savings lost).

Mr.P.K.Chandran, APPELLANT. UNICON ClientCode:U43271), (Arbitration Matter No. CM/C-0035/2011). * Re-FINAL ARBITRATION HEARING HELD ON THE 14th Sept.2011.
Relevant letter sent to NSE
The National Stock Exchange of India Limited, Dt.15-09-2011. Regional Arbitration Centre, 2nd Floor, “Ispahani Centre” Door No. 123-124, Nungambakkam High Road, Nungambakkam , CHENNAI-600034. Subject::ArbitrationMatter CM/C-0035/2011.
Dear Sirs, URGENT for TRUTH & JUSTICE
I presume that the Arbitrator, during yesterdays sitting (14th September 2011, scheduled at 1200 hrs.), was in a disturbed- mindset. Constrained to state this, as it is a seaman’s life-time earnings, out of living and working out on the deep-seas, away from his near and dear ones, with occupational- hazards of the highest order. Have the following, to state:-
A. Re- Sitting on August 30, 2011 at 1100 hrs. Respondent M/s. Unicon Securities Pvt. Ltd., Representative Mr. U. Abdul Khader, was directed to produce, the following documents during the next- sitting, adjourned for 14th Sept. 2011. But NOT-PRODUCED, though appeared with his Manager-Legal Services Mr.Amit.. 1. Proof of Daily Telephone Calls made to confirm the trading as said in the cumulative-call CD, given by the Respondent to the petitioner-applicant. NOT-PRODUCED. 2. Physical Trading Notes those done were not sent, for which said, self opted for Electronic Contract Notes, though not sent by e-mail, for which Proof of e-mail sent by the Respondents, was asked to be produced, same also NOT PRODUCED. * There is absolutely no explanation or proof of evidence whatsoever for such an inordinate delay. No Counter from the Respondents, for the Objections filed as facts of the case by the Applicant Petitioner. Proves same as ADMITTED by the Respondents.
B. Only after petitioning to The Commissioner Of Police, Chennai, e-mail I D PKC484@yahoo.com was realised wrong, will not reach me, unless the alphabets are in small letters i.e. pkc484@yahoo.com, Hence, U N I C O N SECURITIES sub-sequently amended and corrected their records to suit manipulation. Please do also note that the said lopsided contract-agreement, notoriously filled purpose-fully, taking my sign on blank printed formats, signed in good faith and trust, as said to prove in three months time, totally broken down, proves a well planned crime to cheat.
C. Suppression of Unlawful Acts. Share Certificate of OBC given for Demat was also not returned. All the three staff dealt is absconding. Employer should be held responsible for their employee’s acts. There was No Communication until total-loss, break-down, which please note, viewing dates. Kindly re-view and please instil truth and justice and favour the aggrieved. With due respects, I remain. 
(Sd.)
Dr.P.K.Chandran, Ph.D., M.B.A., F.I.E., Chief Engineer (Marine) Retired. Sr. Citizen, Aged 64 years.

  



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 1 Replies

M.Sheik Mohammed Ali (advocate)     18 October 2011

thanks for your case law


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