complaint

In this blogpost, Tanusree Banerjee, Student, South Calcutta Law College and the Diploma in Entrepreneurship Administration and Business Laws by NUJS, writes about, who can file a complaint against a company, procedure to file a complaint and where a complaint can be filed.

Picture (1)

Registrars of Companies (ROC) appointed under Section 396 of the Companies Act 2013 (whiz 609 of the Companies Act, 1956) which covers various States and Union Territories that are conferred with the primary duty of registering LLPs and companies established in the respective states and the Union Territories and to ensure that such companies and LLPs comply with statutory requirements under the provision of the Act. These offices are available for inspection by members of public on payment of the prescribed fee, and its function is to maintain the registry of records, relating to the companies registered with them. The Central Government administer control over these offices through the respective Regional Directors. In the case of certain defaults, companies can file a complaint with ROC or the Ministry of Corporate Affairs.

Who can file a complaint against a company?

Any aggrieved person against a company or an investor can file a complaint with the Registrar of the Company or the Ministry of Corporate Affairs.

Steps required to file a complaint.

  • While filing this online form on MCA website, one has to enter the Corporate Identity Number (CIN) of the company.
  • On MCA Website click on MSA Services > Complaints, there you will find an option of Create Investor Complaint, click on that it will provide you with Investor Complaint Form. Fill in all the necessary information and submit your complaint online.
  • The first and foremost thing an aggrieved person should do is to file a complaint with the Investor Grievance Cell of the company. It is quite common that the investors or the company don’t respond to these complaints frequently. It is not a problem, in such case follow the below-mentioned steps to elevate your problem if one does not get a response. The best way to do this is to file a complaint directly with the Ministry of Corporate Affairs (MCA).
  • One has to fill in the form as per the guidelines mentioned in the form and provide all the mandatory data as required.
  • Once done with the form fill up, one has to complete the Check Form and Pre-scrutinize the form. While doing this, the internet connection must be proper, and he/ she must be connected with the MCA21 portal.
  • Then log in to MCA21 portal using the registered user login id.
  • Once logged into the MCA21 portal, use the E- form upload functionality under the E- Forms tab on the portal, to upload the Investor Complaint Form.[1]
  • Once the form is uploaded, the complainant must note down the Service Request Number for any future endeavor.

These are the steps that need to be followed to lodge a complaint against the investor of a company. Given that we can say that the form is very detailed with the types of complaint. It provides a good scope of complaints. For instance, it contains, Shares or dividend, Debentures or bond, Fixed deposits (non-receipt of amount), Miscellaneous non-receipt, Director aggrieved by his cessation in the company, Non-filing of return of cessation of a director in Form 32, Others like the complaint of serious nature. Thus, we can say that one can competently file a complaint with this form.

How and where to file a complaint in the case where a person is aggrieved by a fraud committed by a company or a person connected with it.

If a person is aggrieved by a fraud committed by a company, then such person can report the complaint with Service Fraud Investigation Office. “The Government in the backdrop of major failure of non-banking financial institutions, phenomenon of vanishing companies, plantation companies and the recent stock market scam had decided to set up Serious Fraud Investigation Office (SFIO), a multi-disciplinary organization to investigate corporate frauds. The Organization has been established and it has started functioning since 1st October, 2003.”[2]

The SFIO normally take up for investigation only such cases, which are characterized by:

  • complexity and having inter-departmental and multi-disciplinary ramifications;
  • substantial involvement of public interest to be judged by size, either in terms of monetary misappropriation or in terms of persons affected, and; 
  • the possibility of investigation leading to or contributing towards a clear improvement in systems, laws or procedures.
  • The SFIO shall investigate serious cases of fraud received from Department of company Affairs.[3]

There are no specific legislations or Act governing the functioning and jurisdiction of SFIO. Thus, Companies Act 1956 guide its operation.  Investigations used to be carried out under section 235 and 237 of the Companies Act,1956. Under these provisions, the Central Government (under section 235) or the Tribunal/Company Law Board/Court (under section 237) could order investigation of any company or group of Companies by the SFIO. But after the enactment of Companies Act, 2013, SFIO has been guided by this Act, and it follows the scope and statutory status of this Act. The investigation into the affairs of a corporate by Central Government has been enlarged to include cases involving ‘Public Interest” and also on request from any Department of Central/State Government.

https://lawsikho.com/course/diploma-companies-act-corporate-governance
Click Above

The procedure followed in decision-making process, which also includes channels of supervision and accountability

  • Firstly, the investigation is carried out as per the Companies Act.
  • Then the Investigation Officer (IO) (i.e., the officer of SFIO) is appointed by the Government.
  • The active officer group consists of the Director, SFIO in consultation with the IO. They assist the IO as required; they give advice in the respective specialized areas so that the problem could be solved by considering its multifaceted angles.
  • IO acts as a lead supervisor for all the team working on the matter.
  • After completion of the investigation the investigation officer submits the investigation report to the Central Government in the Ministry of Corporate Affairs.
  • The Director of the office is the Head of the Department of SFIO. This was done to make the functioning of the office more effective. Under him there is an administration division headed by a Deputy Director.

Limitation and norms of Investigation are enumerated below

  • The Central Government demarcate the limitation period for the investigation which is carried out by the investigation officers.
  • The subject specific groups of officers which render necessary assistance to the Investigating Officer have to examine the issues involved in the case within a given time frame and give requisite inputs to the Investigating Officer.

Rules used by the officers are

  • Criminal Procedure Code,
  • Evidence Act,
  • various manuals and Laws on taxation,
  • import and export,
  • banking,
  • stock market etc.

These are the rules and regulations followed by the officers while conducting the investigation.

Presently, the work of this organization is confined to investigation of corporate frauds and launching prosecutions in various designated courts. It does not include policy formulation or its implementation.

Thus, we can see we can SFIO is a good functioning organization under MCA which deals with corporate fraud.

 The alternative method of filing  a complaint against a company.

If a person is not satisfied with the decision of MCA or SFIO, then they can choose to file a case against the company with the Company Law Board (CLB) under section 58A (9) of Companies Act, 1956 or under section 45QA of the RBI Act, 1934. In such case, the aggrieved party is required to fill FORM No. 4 of Company Law Board Regulations and submit it with a demand draft of Rs50 the CLB bench within its jurisdiction. Any person aggrieved by any decision or order of the Company Law Board may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Company Law Board to him on any question of law arising out of such order.[4]

An Example of Corporate Complaint with MCA which gave a fruition relief to the aggrieved.

Zenith Birla (India) Ltd and Birla Power Solutions. DamyantiVithalani, fought for her refund from Zenith Birla India Ltd. Ms. Vithlani managed to get her money back after filing complaints with the MCA as well as the CLB. She had invested in corporate FD of Zenith Birla India Ltd. On maturity, the company received her FD claim but they did not give any timeline for refunding the money. Later on, she filed complaint on MCA website and wrote emails to the legal team of Yash Birla group as well as the company’s board members, PVR Murthy and Vimal Dubey. She sent a copy of every email to MCA at [email protected] and Ministry of Commerce (MoC). She also filed her complaint with the CLB. After following this process for a month, she received Rs. 6 lakh from Zenith Birla India.[5]

Conclusion

This article draws light to the process and the insight knowledge of how to file a complaint against a company with the Registrar or the Ministry of Corporate Affairs. In conclusion, it can be stated that even if the Government has made an easy way to file a complaint for any investor related issue or for fraud, but yet there is a scope to improve the redressal mechanism by strengthening the SFIO online database and bringing the draft rules for NCLT into force and make the process speedier and effective.

 

LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:  

https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA

Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content.
 
 
References:

[1]http://www.mca.gov.in/MinistryV2/complaints.html

[2]http://www.mca.gov.in/MinistryV2/sfio.html

[3]http://www.sfio.nic.in/websitenew/aboutus.asp

[4]http://www.mca.gov.in/MinistryV2/clb.html

[5]http://www.moneylife.in/article/how-to-get-your-money-back-from-yash-birla-group-companies/34593.html

26 COMMENTS

  1. Hello mam
    I want to file a complaint against fraud MLM company situated at bhopal, their staff not provide information about their company and I invested 20000 money, they not provide any product or money. So kindly help me to file against them.
    Thank you

  2. I would like to lodge a complaint with the registrar of companies against Barrister Gautam Chakravartti of 7/1a Palm Ave KOL who has FRAUDULENTLY misappropriated shares belonging to a disability patient in his DAUGHTERS name Anupatara Chakravartti w/o the consent of the next of kin by FAKING legal will to xfr shares in her name in the absence of the disability patient in ATTEMPT to deprive patient of financial aid for medical care in violation of disability amendments ACT and has tried to intimidate patient in CONTEMPT of Court. Registrar of companies needs to revoke shares of HLL POLAR INDIA PHILLIPS INDIA LTD ITC HM SMITHKLINE BEECHAM, PHILLIPS CARBON BLACK FRAUDULENTLY misappropriated by him via forging legal evidence in breach of Bar Council norms by mkg himself EXECUTOR to inherit property through frayd documents. FIR lodged with Karaya Police station. Kolkata.

  3. Dear Respected sir,

    Sub : This ad was on google when I typed “Work from Home Typing Job” Ad·www.energicinfotech.com/‎
    Earn Rs.24000/- pm Typing Work | Govt Data Entry Work from…‎
    Best Data Entry Jobs 2019. Apply before the Last date. Limited state-wise Vacancies left. Online Typing Jobs approved by MCA, Government of India. Earn Weekly/Daily payment at home. Limited Vacancies left. Govt. approved Projects. Weekly and Daily Payments.
    Online Finance Scam / Fraud – Energetic Infotech Ltd.

    I bring to your kind notice and sympathetic action may kindly be taken on the MCA company Energic Infotech Limited.6-3-1216/69870, Methodist Colony, Begumpet, Hyderabad, Telangana 500016
    This was approved by State Govt. of and Ministry of Corporate Affairs, Govt. of India under 1Digital India, which is a financial fraud using Govt. of India Digital India Data …
    Phone: Mr. Dikesh 078550 46641 whose photograph is uploading for your urgent and quick action.

    This Energic Infotech Limited is a State Govt company and registered at BEGUMPET, HYDERABAD (Telangana),with a paid up capital of ₹10,000.00. As per MCA and other Industry classification records, the main line of business is Computer And Related ActivitiesThe status of ENERGIC INFOTECH LIMITED,as on date is Active.

    I have allotted work of 300 pages after registration fees paid to him through SBI the screenshot is enclosed of Rs.19900/-. for me the target was 9th January, 2020 to submit the work file I of 150 pages. which I have done and submitted on 9th January, 2020. After submitting there is no response from Mr.Dikesh. I am contacting him on phone as well as email but no response and his phone is switched off till date 31st January, 2020.

    Likewise some other people are also deceived by this company with financial fraud. This company was approved by Ministry of Corporate. Therefore please take quick action so other people will be alert and will not be
    deceived by other company also.

    Ad: Energic Infotech Limited : Earn Rs.24000/- pm Typing Work | Govt Data Entry Work from…‎

    ‎Best Data Entry Jobs 2019. Apply before the Last date. Limited state-wise Vacancies left.

    This was advertised with “www.glassdoor.co.in › Overview › Working-at-Energic-Infotech-EI_…
    Working at Energic Infotech | Glassdoor.co.in
    Glassdoor gives you an inside look at what it’s like to work at Energic Infotech, including salaries,reviews, office photos, and more. This is the Energic Infotech company profile. All content is posted anonymously by employees working at Energic Infotech.

    And the same work is done by this website and again people who is in need will be deceived.

    On google search Typing work from home this is the ad appears and this website is approved by Ministry of Corporate Affairs , MCA it is registered . I have confirmed the details and then only I have registered for this work.

    Ad·
    http://www.mesmertechnologies.com/

    Earn Rs.24000/- pm Typing Work | Govt Data Entry Work from…‎

    Best Data Entry Jobs 2019. Apply before the Last date. Limited state-wise Vacancies left. Online Typing Jobs approved by MCA, Government of India. Earn Weekly/Daily payment at home. Govt. approved Projects.
    Weekly and Daily Payments. Limited Vacancies left.
    Search Results
    Jobs
    Company Name: Mesmer Technologies Limited

    Corporate Identification Number (CIN):

    L72200TG1995PLC021886

    Registration Number:021886

    Date of Registration: 29th September 1995

    Website: http://www.mesmertechnologies.com

    is approved by Ministry of Corporate Affairs
    Please necessary action against the fraud at your place.

    Dr. Peremandla Laxmamma, Director,

    Mesmer Technologies Limited,

    G1 Plot No 298, Road No 8, Filmnagar, Jubilee Hills, Hyderabad – 500034

    Kindly take necessary action against the team of doing financial fraud will be taken care by people as approved by Ministry of Corporate Affairs MCA work.

    A line in reply is highly appreciated.

    I am attaching herewith scanned the Photo who allotted work on 30th December, 2019 and other information gathered.
    I am also forwarding herewith the email sent to the following through Mr. Rahul Raut, aged 29, from Nagpur, Maharashtra and I am from Mumbai aged 60 years.

    Thanking you,
    yours faithfully,

    Note: Forwarded message attached

    — Original Message —

    Subject: Fwd: FINANCIAL FRAUD BY ENERGIC INFOTECH LIMITED

    ———- Forwarded message ———
    From: Business Promoter
    Date: Mon 20 Jan, 2020, 5:04 PM
    Subject: FINANCIAL FRAUD BY ENERGIC INFOTECH LIMITED
    To: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
    Cc:

    Hello Sir / Ma’am

    My Name is Rahul Raut, Age 29 years from Nagpur, Maharashtra
    I have registered a complaint against financial fraud by Energic Infotech Company on cybercrime and in the local police station but no action taken against it yet.

    This company is using all government signs of Digital India and the Ministry of Corporate Affairs on its website to fool people. I have invested as per their order Rs.20000/- in Energic Infotech Limited / Kotak Mahindra Bank / A/C No: 7212280336 / IFSC: KKBK0007463 / Branch: Himayatnagar, Hyderabad on Mon, Nov 25, 2019, 6:28 PM and many other people reported the same they have been cheated as same.

    company details are as follow
    CIN: U72200TG2000SGC034092 / Registration No: 034092 Dr. Gaddamidhi Srinu, Director, 6-3-1216/69870, Methodist Colony, Begumpet Call: 7855046641 Email: [email protected] (Energic Infotech Limited is a Government registered company under the Ministry of Corporate Affairs (MCA). We are a 19 years old company, running since 28th March 2000) is mentioned n their website.

    I have reported this complaint on cybercrime Acknowledgement No.21901200007009
    also and on PMO’s portal PMOPG/E/2020/0038196 too.
    I have reported reviews on Energic Infotech Companies Google page and from their people are contacting me saying they have been cheated too one of them is Mrs.T. Dsouza from Mumbai.

    Today one more company with the same profile same website as energic infotech had but with a different company name and different owner with new website and new MCA registration published same fraud website https://www.mesmertechnologies.com/.

    They are highly smart cheaters as they are saying we are providing you work under the government Of India. and their genuine website tells everything that they are really providing work.

    Please help before someone loose their life

    Please check attachments

    Thank You.
    Warm Regards,
    Rahul Raut (BOD)
    Business Promoter
    Nagpur – 17
    Contact – +91 8793668014
    Email – [email protected]

  4. A company is in Noida , sector – 16, UP,
    they taken 2 lakh as a Secruirty deposit for a work last 5 month before but didnot given work , he is not giving back our money , has blocked my number ,
    We have given money his company account

    Please guide and help me for return my money
    And I want to expose such a company in market so max people knows about such a fraud company

  5. Hi friends I was warking in Sony company branch mangalore from past laste month as SFA shop flore associate in Sony and my attendance is full present at both month October and November but the company is removing me from the job due to no sale in counter so if there is no sale in counter means that not my problem if thare is no castamer wackin means how can i sale the product this is not the perfect reasen to remove me so i wanted to give an camplaint on the Sony company office sir manjunath sir for without any reason removing me from the company thank u

  6. Dharan MD of webaxyz he is fraud cheated so many people and his own employees his House Address : 42/1 4TH A CRoss, 2ND FLOOR, 5TH D MAIN 2ND BLOCK,
    Gowtham college, HRBR LAYOUT, KANAKA NAGAR, RT NAGAR BANGALORE 560032 mob 74065 66777

  7. Can someone advise me on how to make a complaint against a Company Named, National Jobs.in who cheated me with Rs. 5000/- promising to give me a job and till today I never was offered a job.

  8. How to raise a complaint on software company because i am taken a medical leave due to some health issues and i have all documents.
    I don’t know whether they provide the salary or not because i am not discussed with my MD still suppose if they are not providing salary can i rise complaint or not.

  9. i have made franchise agreement with
    SOLO real fruits and breverages Rajkot ,Guujrat. The company taken brand and regisyration fee of 350000.00 and another 50000.00 soend on advertising and promotion as per company guideline.but company didnt supplied single product. i registerd a case with various govt. bodies but none of them did any thing,finally i have filled case in consumer court lets see what may happen. i have lost trust on govt. bodies and trying to forget this money.

  10. Please do not go with this consultant AAkkam import export consultancy nagercoil , tamilnadu , Murugan is operating and he is not having good experience in this field but saying that having 20 years experience. We had a service with this consultant and paid Rs 15000 for giving a genuine supplier list of paper product. He gave us a fake supplier list and says they are genuine. We believed his words and paid service but unfortunately the fake supplier taken our money Rs.80000. We ask Murugan to reimburse or to take responsibility for our loss but he said cannot take responsibility. He said sorry for his team mistake but we cannot give the money lost. He gave us the entire fake supplier list and taken 15000 rupees as a service charge.We hope he is having tie up with the cyber crime group and making money but says running charitable trust. Please be aware of these consultant and be away.

    He will be taken to court or cyber crime branch and he must answer for our loss. We have the proof of his mail to us.Probably he is having tie up with the cyber crime group and make money.

  11. Hello,
    My self Ravi Soni, I purchased JUSTDIAL.COM Indore city marketing plan for 6 months in dec-2017.

    My business is : https://www.expresstechsoftwares.com/

    https://www.justdial.com/Indore/Expresstech-Softwares-Solutions-Bhawar-Kuan/0731PX731-X731-171115120541-X9M4_BZDET

    They started sending fake / bogus lead messages / email to me which hardly got converted… many leads were wrong where even lead says they didn’t enquired for services on justdial.com

    I got frustrated by such time wasting SMS /Email flood and wanted to end the contract just after 1 month of usage, but because it was a contract signed by me..their team forced me keep it running for 6 months.

    And guess what could be the most horrible thing is here ? Even after 6 months completed they are not stoping deducting ECS from my account, I requested my HDFC banker to stop honoring the ECS request from JUSTDIAL and they said they are unable to cancel it because you have given them rights for debit from your accounts.

    The person who sold me this garbage marketing plan (name Santosh Mourya : 9993192809) is not receiving the call anymore and sometimes he message me that he asked justdial to stop the ECS.

    I came here to ask for help if someone is capable of guiding me in the right direction.

    I want to spread this message as large as possible because their are many complains regarding justdial fraud behaviour , I never thought a company who has AMITABH BACCHAN as their brand ambassador can do such bad things to me.

  12. Company Law Board has been dissolved.

    The National Company Law Tribunal has been constituted w.e.f. 1st June,2016 and by virtue of Section 466(1) of Companies Act,2013, the Company Law Board stands dissolved.

    This can be verified on the website of CLB also, which is clb.gov.in.

  13. I am work a private company. i have left this company and hand over all document. But this company are not paid my salary. Company name is DIVINE SPACE MAINTANANCE. This company are not register MCA. So please said how do?

  14. Stay away from acme solar IPO of Rs 2200 crore, It is total fraud company. It has not written of its stick more than 450 crore, and bad debts of more than 200 crore. It has also fired its all employees of solar division. It is also imposed penalty of 450 crore due to non fulfilling contract

  15. Hello Mam
    I want to file a complaint against company name The Equicom Financial Pvt Ltd. About fraud of 42000 on 5th august 2017 it was a borrow money that is very important for me to refund please help me mam

  16. I want to report about a organization by the name “Smart TechnoHub” having their office at 511, 5th Floor, Sukhsagar Complex, Nr.Fortune Landmark Hotel, Usmanpura, Ahmedabad according to their booklet. They claim that they provide online part time typing work to people interested in earning money in their spare time.
    They will ask you to send a security deposit Rs.6000/8000/10000 under 3 options and give you work with fixed deadlines. If you cannot submit this work the money will be forfeited.
    It is my request to anybody who may consider this as a potential earning option to not even look at it as this organization is a fraud.
    The pages they will send you to type are so long and wide that they turn out to be 3 times the size of a normal page of a book and as such the task cannot be completed by any body in the time allotted and they will forfeit your money.Even somebody with very fast typing speed cannot complete this job in time. This company earns money by forfeiting your security deposit and typing work has no other purpose as they know nobody can complete this job on time.
    There are many such organizations in Ahmadabad involved in this activity and request all to avoid these. These are complete frauds. They will ask you to send them your address and will send you a booklet through India Post and you will be asked to pay Rs.500 to the postman which is another source of earning for them.
    Their booklet will give every information except what is important, that is how many characters will be their in one page. The image they will send will be in paint brush and in italics in font size 10. It will take a normal person 1&1/2 hours to type one page, that too in “notepad” in font size 10. By rough calculation it will contain 18000 to 20000 characters against a normal book page consisting 5-7000 characters. They will ask you to do 300 such pages in 20 days but actually it will be around 900 pages if not more.
    What is supposed to be part time work turns out to be 3 time that of full time.
    I hope there are some authorities in India who will prevent such frauds happening and gullible public do not get taken for a ride.
    As I have their booklet I also have proof that they do not pass complete information and their only motive is to forfeit the money sent online by their victims.

  17. It would be great if you could share the repercussion of non-compliance with MCA filings and norms as per Companies act 2013

  18. Hello,
    We have provided consultancy services to a company for a project costing Rs.70 Crores and the consortium agreements got signed and entered into on 4th March 2016 and the work has started and is in progress. We were promised a commission of 1% from the consortium of 2 companies to be paid within two days of signing of the agreements but till now not a single penny has been paid and we don’t see any further development regarding release of commission payments. Can we file a cheating complaint to the concerned RoCs of both the companies regarding this payment lapse? Please suggest a proper legal approach to pray our grievance.

  19. If a Managing Director acts against the interests of the private limited company what course of action is possible under the Companies Act 2013. Please indicate the sections of the Act. Thanks

    • I,Pradip poddar, just posted a complaint against krishi seva kendra,chandigarh,phone number-917836074389,and sapna-919560924156, the phone numbers which called me and asked money from me.

LEAVE A REPLY

Please enter your comment!
Please enter your name here