Fraud
chinmay
(Querist) 18 September 2010
This query is : Resolved
Sir I completed my NSE Certification in financial market (NCFM) Capital Market(Dealers)Module on 31st January 2009 which is conducted by NSE .Recently I joined as a Equity Advisor in Religare Securities Ltd. when i produced my NCFM certificate to my company Religare Securities Ltd for user ID generation, i came to know that my certificate is being used by another broker as a user in capital market segment of NSE. Immedieatly i contacted NSE office and i came to know that one ANAGRAM CAPITAL LTD is using my certificate without my knowledge and consent since long time. when i asked NSE official about this illegal and fraudulent activity of his trading member the official told me, i send you two forms, you fillup this form and send to us and then we deactivate your code. when i asked about this illegal and fraudulent activity of this trading member and what legal action should taken by NSE against this trading member she told me we can not suggest anythig against a trading member. These forms sent by NSE also acknowledged by me in email for deactivation is also requared so many data like (Member Name, Member code and Date of Association)which are not avalable with me. Dramatically NSE office deactivated my illegally used user id Without getting any document from my side in the same day by evening i.e,18th Aug 2010.this trading members only aim behind creating user id in my name without my consent and participation to enhance fraudulent and unfair trade practice in capital market, which is blindly supported by NSE.
I sent this grievance to NSE as well as SEBI (capital market regulator) by email requesting action against this trading member. But I did not get any reply from both the organization. further, SEBI being a public authority I file RTI application on dated 25th aug 2010 before SEBI pio requesting following information,
(1) Copy of Application For Approval as a user in Capital Market segment of NSE bearing NCFM Registration No – 00000537365 in the name of Chinmay Kumar Nayak as an user Which is applied to NSE by different Trading Member or Person or Organization From 31stJanuary 2009 to 18th August 2010
(2)If the NCFM Certificate is Unauthorisely or Illegally misused as an user without consent of that certificate holder in capital market segment by a trading member or person or organization then what action will be taken by the SEBI or Regulator under the perview of Law.
(3)If Yes, What will be the nature and consequences of that action.What will be the procedure to put forward the grievence by the victim whose NCFM certificate is unauthorisely used.
In fact the 1st information which was a printed format provided by NSE to trading member for creating user in capital market where users signature and personal information also required.In my case this trading member anagram capital ltd not only using my certificate but also use frauadlantly my signature and my personal information to creat user id for his business purpose.
I received a reply letter from SEBI pio on dated 14.09.2010 where pio says that,The information sought by you is not available with SEBI or maintained by SEBI,hence the same can not be construed as information as defined under section 2(f) read with 2(j) of the RTI Act,2005.If you so desire ,you may appeal before Shri Prashant Saran SEBI Appellate Authority,within thirty days of the receipt of this letter.
This document is maintained by NSE. But NSE is not a public authority it is regulated by SEBI who is public authority in the eye of RTI Act. so how I can access this information, by way of appeal or otherwise? Please give me some suggestion for which I can take legal action against this trading member who is use my certificate and signature fraudulently and I will oblised
Amita Chaudhary
(Expert) 18 September 2010
it seems a clear case of fraud why dont you lodge a police compliant against the ANAGRAM CAPITAL LTD... stating the facts and showing your documents... rest police would investigate... well as far as RTI act is concerned the information you want is admitedly with NSE not SEBI...then you cannot get it as the Act very clear on that... you can lodge and RTI asking the status of the grievance to "SEBI (capital market regulator) by email requesting action against this trading member." and action taken thereon...
chinmay
(Querist) 19 September 2010
In fact i have no documentary proof that anagram capital ltd is using my certificate,i know by telephonic conversation with NSE official.i have only proof that after telephonic conversation with NSE official they sent me a mail with two attached Forms for deactivation of my user ID.this is only proof because, if my certificate was not being used then why NSE official sent me deactivation form.can i file FIR against anagram by using only this proof.
