• SEBI registered research analyst not fulfilling contract

Hi,
If you check Equitics.in website, you will notice they sell packages gauranteeing X amount of money to be made if we invest soem money in Y amount of days. 
I have purchased such a package, but it's been 3 months and I'm going in for a huge loss. (> 1.25 lacs). 
Since they are SEBI registered, and are making these claims which they are unable to fulfill, can I sue them in court ? I have tried following up with them to get my money back (since I have suffered big losses), but they have always replied in negative.
They are always saying "Hold on" for the last 2 months, and I'm bleeding money.
Asked 7 years ago in Criminal Law
Religion: Hindu

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12 Answers

Hello,

Please tell me that whether you checked their registration number with SEBI or you just relied on their promises that they are SEBI registered.

Also the investment are always subject to market risk, please read the terms and conditions. If however there promise of profit is absolute then you may sue them.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

.Hello,

SEBI does not allow any person to lure you on account of giving specific targetted projects. Also, they clearly mention the following on the website:

Our services do not offers any fixed returns or guaranteed returns neither we have any sharing services. Please follow only website decorated services and information

https://www.equitics.in/risk_warning.html

Send a reminder to SEBI to take action.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Concern, you have a remedy of pursuing criminal actions against them. Plus,on the account of existence of a contract between the two, you may establish a specific performance depending upon the recitals or covenants of the contract. Pursuing a criminal remedy of criminal breach of trust would be expedient and put pressure upon them.

Mayank Sapre
Advocate, New Delhi
256 Answers

Not only this website but there are other websites too who are offering these services, and we as a lawyer are hearing these problems on part of customers regularly.

The first thing that has to be understood is that no one can predict the future of a particular share in the day. They promise such things so as to lure the customers and take registration amount from them, the conditions in depth have to be read by the consumers.

By saying this I am not saying that what they are doing is right. Purse against them with SEBI.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

per Regulation 17 of IA Regulations, “an Investment Adviser shall ensure that:

a. All investments on which investment advice is provided is appropriate to the risk profile of the client;

b. It has a documented process for selecting investments based on client’s investment objectives and

financial situation;

c. It understands the nature and risks of products or assets selected for clients;

d. It has a reasonable basis for believing that a recommendation or transaction entered into:

i. meets the client’s investment objectives;

ii. is such that the client is able to bear any related investment risks consistent with its

investment objectives and risk tolerance;

iii. is such that the client has the necessary experience and knowledge to understand the risks

involved in the transaction.

e. Whenever a recommendation is given to a client to purchase of a particular complex financial

product, such recommendation or advice is based upon a reasonable assessment that the structure and risk reward profile of financial product is consistent with clients experience, knowledge, investment objectives, risk appetite and capacity for absorbing loss”.

2) . The various provisions under the SEBI Act, Regulations, Circulars etc. in respect of an intermediary registered with SEBI are enumerated for the purpose of protection of interests of investors and further to ensure that the business and conduct of the intermediaries are undertaken on the basis of sound business principles. Investment Advisers Regulations, 2013 inter alia provide the framework for regulating the activity of entities who are in the business of providing investment advice in respect of securities and investment products. These Regulations seek to create a standardized operating structure within which these entities will operate and also make them duly accountable for their investment advice and investment activities by requiring them to comply with the criteria, set out in the relevant provisions of the aforesaid Regulations. Significant responsibilities are entrusted upon the investment advisers registered with SEBI, such as to maintain high standards of integrity, diligence, honesty, and fairness, not to indulge in any act detrimental to the interests of investors, etc. Further, an investment adviser is expected to act in a fiduciary capacity towards its clients. Having been entrusted with such obligations, CapitalVia, being a registered intermediary was not expected to act in violation of the provisions of Investment Advisers Regulations, 2013 and the Code of Conduct prescribed under the third Schedule of the said Regulations.

10. A person acting as a securities market intermediary is expected to protect the interest of the investors in the securities market in which he operates and shall act honestly, fairly, with due skill, care and in the best interests of its clients and in the integrity of the market. An intermediary shall comply with all regulatory requirements applicable to the conduct of its business activities so as to promote the best interests of clients and the integrity of the market. An investment adviser shall ensure that advisory services are offered after thorough analysis and taking into account available alternatives and further fees charged from the clients is fair and reasonable.

3) he cannot offer guaranteed returns

4) you can complainto SEBI against the investment advisor

5) SEBI would issue it show cause notice and restrain it from offering free investment advisory services in future

6) if there is arbitration clause in contract invoke said clause and claim loss suffered by you

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

File RTI application with SEBI as to what action has been taken on your complaint

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

They cannot offer guaranteed returns to investors

Invoke arbitration clause in your contract

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client,

Offering guaranteed profit is violation of SEBI norms. It`s speculation business, success experience can be advertise but no such offers " fixed profit in a fixed timeline with fixed capital " and amounts to fraudulent and unfair trade practice and violation of code of conduct.

stock-broker shall not make a recommendation to any client who might be expected to rely thereon to acquire, dispose of, retain any securities unless he has reasonable grounds for believing that the recommendation is suitable for such a client upon the basis of the facts.

Pursue your matter to SEBI Investor Complaints Cell.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. Obviously you have fallen prey to this racket, which works on you taking an informed decision.

2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the company directors, supported with all relevant supporting documents. IF there are many investors, then a complaint can also be filed with EOW /Crime branch.

3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The company may come down for settlement.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You may confirm the terms and conditions in this regard and if you find ther is any fault on their side, you may first issue a legal demand notice seeking to return the amount paid by you/due to you.

If they dont respond positively nor comply with the demand made, yo may approach court with suit for recovery of money on the basis of the documentary evidences in support of your claim.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If they are not following the conditions as set out or they still drag on to meet your demand, you may first ascertain their obligations by sending a legal demand notice and then plan to file a money recovery suit against them.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

But what about the MULTIPLE pages were FIXED PROFITS & FIXED TIMELINES are mentioned ? If you have 25 services offering X amount of money in Y amount of days with Z amount of investment, and then publish 1 page saying "Oh, there's risk", how is that acceptable ?

Being a SEBI registered analyst, how can they even claim generating fixed profit in a fixed timeline with fixed capital (as seen on almost ALL their packages) ?

All such investments are subject to market risks.

This announcement made in the brochure in any page is sufficient to prove their disclaimer clause

However you may first send them a legal notice and make them to commit to your requirement after which you can decide about further course of legal action on it.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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