The MCA or Ministry of Corporate Affairs received several requests concerning the filing of doc...
Many a times the investor gets cheated by the companies because of the mismanagement and frauds committed by the company and its officials. In order to give the aggrieved investor an option to file a complaint against unjust and illegal activities committed by the company and its officials, the Registrar of Companies (RoC) has come out with Investor Complaint eForm wherein the investors can file in the grievances against the company and get them within the knowledge of RoC so that RoC can resolve the dispute and protect the interests of the investor.
This facility of filing of complaints electronically is one step ahead in providing access to justice to the aggrieved investor. The right to file a complaint against the unfair and illegal activities of the company and its management lies in the section 206(4) of the Companies Act, 2013 which allows any person to make a representation against the frauds, unlawful practices or non-compliances by the company to the Registrar of Companies (RoC).
The RoC has a right to inspect the books and call for information and make the necessary inquiries and it is vested with the powers of civil court while conducting inspection and inquiry. Further, if the RoC is convinced that there is merit in the matter, then it can submit a report to the Central Government with the supporting documents asking for further investigation in the matter.
As the name suggests, this is an electronic form for the purpose of filing of complaints by any of the parties such as investors, creditors, depositors, employees, shareholders with regards to their bonds, shares, fixed deposits, debentures etc. against a company.
The parties mentioned have also been given an alternative option where they can file their complaint in a written form and submit the same directly to the office of Ministry of Corporate Affairs.
The investor can file complaints in the following cases:
Following are the instructions that have been given by the MCA at the time of filing of Investor Complaint eForm:
The Investor Complaint eForm shall be submitted to the Registrar of Companies (RoC). After successful completion of the eForm, a Service Request Number (SRN) shall be generated and future correspondence with respect to the complaint shall be done using this SRN only. Once the complaint is received by ROC, an acknowledgment email shall be delivered to the complainant.
The complainant can track the status of his complaint using the option of Track Complaint Status on MCA website.
Following are the situations where an aggrieved party’s complaint will not be entertained by the MCA under Investor Complaint eForm:
The opportunity of electronic filing of complaints is one step ahead in extending access to justice to aggrieved investors. However, it must be remembered that this is a platform for redressal of grievances so it should not be misused by the investors by filing false complaints against the company.
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