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Rahul   20 June 2017

Police complaint alternative

A stock broking company has acted in the most unprofessional way with me. Their Relationship Manager managing my trading account has over few years gained my faith and have caused considerable damaged to me by investing my money into the Future & Options segment which has caused a considerable loss to my invested capital. Also the Relationship Manager has done a huge volume of trading both in terms of the number of transactions and the size of the transactions with a clear objective of generating brokerage and perhaps meeting their personal targets. When I became 100% sure about this all what happened with me and the Company's or the Relationship Manager's ulterior motives I went ahead to lodge a Police Complaint as the company's compliance department has not taken any action to my written email complaint. The suggestion of approaching to the Police actually came from one of the person close to me who is legally aware of things. I am now finding myself in a helpless situation as the Police has totally refused to lodge my complaint. I have also been advised by the legal person whom I am in touch with that I have crossed the Limitation period so filing a Civil Case is not an option. Therefore the option left is to file a Criminal Case only. Could you please suggest how I can go ahead in filing a Criminal Case against the Stock Broking company under my present circumstances. Please I am in need of some really effective professional advice. Thanks


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 4 Replies

Soumya   20 June 2017

Sir, while I am sorry for the losses you have incurred, the issue here is that when you sign up with a brokerage firm, you essentially sign away rights to your trading account, and while you are expected to authorize the larger trades, your agreement probably says that the brokerage house is at liberty to trade once you enter into an agreement. Investing in Futures and Options is always a bad idea for retail investors, so you should have done your homework ideally. Unfortunately, that's why you are warned to read all scheme related documents before investing, and why you must do your own research into what your Relationship manager is trying to get you to invest in. 

One suggestion I can give, however, is that if you are entirely sure that your Relationship Manager has acted in a fraudulent manner and that the Brokerage Firm has taken no action with regard to your complaint, you may write directly to SEBI along with all details of the said transactions and ask them to investigate. At the same time, intimate the Brokerage Firm that you are taking such action. Chances are, if they know they are in the wrong, they will refund your money. Unfortunately I don't think you taking legal action is the best way forward, but intimating SEBI can ensure that they take action on their own cognizance in case of any actual wrongdoing. 

Ms.Usha Kapoor (CEO)     20 June 2017

You  take Times Now Electronic media and their paper help in handling this financial scam of  huge ramifications and ensure      that  how that stock Broker Swindled crores of Rupees money thus causing  loss to the Exchequer, All of you may involve CBI also.CBI and MMedia will investigate and collects evidence of that man's swindling of so much money ad they will arrest by booking cases against him who'd go to jail ultimately.What happened  to Satyam computers Ramalinga Raju? Didn't he serve coourt sentence of Jail Term for several  years?For Stock Market Scam Harshad Mehta was alsio put behind the bars.

Rahul   21 June 2017

Dear Ms. Usha, I agree with your thoughts however could you please suggest exactly what step I need to take at this stage in order to take this forward. I do not think approaching SEBI would be of use as I have heard cases of some sort of nexus existing between the independent arbitrators and the Trading companies. Since I am already very late Could of law is the only entity left I believe where I can expect justice. 

Rahul   21 June 2017

Dear Soumya,

Thanks for your response however I do not think that your response answers my question. I also do not quite agree with your comments particularly on the fact that I should not any legal action. Can you tell me why do you say like that? I am asking this as I have already written emails to the compliance department of the Trading company and they have not done any action. In fact there senior officials are hesitating to contact me. This is clear indication that they are not bothered about the seriousness of the issue and do not care at all about the huge amount of money I have lost as a result of their unscrupulous employees. I am determined to teach them a lesson. Therefore could you please let me know what exact steps I need to do to lodge a Criminal Case considering the steps that I have already taken.


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