• Share trading fraud case

Hi,
I am Gunjan from Delhi, and I started trading with Trade Smart Online 29 Aug 2017. My broker name is Pankaj Shukla and his mobile no. [deleted]. As per his provided details the address is "TSO Utility India Pvt., Kamla Nehru Nagar, Jabalpur, 48200". As per his statement since my name and email ID does not match hence my email ID is not yet registered by the demat account company however my customer ID is YMPL068. I enquired this email id with Trade Smart Online customer care but they said this is an invalid customer ID. I was trading with this broker since 29 Aug 2017 and he was fooling me since then. I have spent a lot of money around 20 lac till date and met huge loss. He was blackmailing me that the scrip value is comming down so you will have to either make payment of the balance amount else your purchased script will get sold automatically and you will loose all your money. Just to save my loss I keep on funding my account but finally he said since the script got expired before which we will have to sell the share. hence because of this urgency I sold my share at huge loss. There were a couple of instance where I made profit but the loss was huge that resulted in eating away all my profit and have paid additional fund just to save the script from auto sell so that I can hold the script for future. Now since long I am insisting the broker to provide me access, he is taking excuse everyday saying that he is extremely busy/ my email ID is not matching ( I created a new email id with my name but he is saying that the ID should be atleast 90 days old else the company will again reject my ID). Because of which I use to place my order on phone and he do the execution of all my order. Later on he said that till now we are doing offline trading since your ID is not yet registered. But again he is not providing my access quoting this and that excuse. Till now I have almost suffered a loss of 27 lac (including the profit that I generated in few of the trade). Please advice me what I can do now to recover my all loss.
Asked 7 years ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

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8 Answers

If he has been cheating you and defrauded you systematically, as a part of a well thought of plan, you should lodge a FIR against this broker. Lodge a FIR for cheating, criminal breach of trust, forgery (incase he has forged some documents for cheating you).

If the police doesn't registers your FIR, you'll have to approach before the Magistrate under section 156(3) crpc.

As regards to the recovery of loses, I doubt you can recover genuine/bonafide losses. However, if there some bungling of money by your broker and as discussed, he has cheated you, you may send a legal notice to him seeking forthwith recovery of your dues.

Do let me know incase you need assistance with anything.

Best,

Vibhanshu

Vibhanshu Srivastava
Advocate, Lucknow
9725 Answers
316 Consultations

it is mandatory for broket to register his client with SEBI

2)SEBI requires that the agreement between the stock broker and an investor is to be in writing. It has to be executed on a stamp paper of Rs. 20.

3)The relationship between a stock broker and a client is that of a principal and agent.

4)The broker has a corresponding duty to ensure that he maintains separate accounts for his clients and pays them regularly the required amounts.

5) if broker has cheated you complain to SEBi against the broker

6) file police complaint of criminal breach of trust , cheating against broker under section 406, 420 of IPC

Ajay Sethi
Advocate, Mumbai
98261 Answers
7986 Consultations

Hello,

You must immediately file an FIR for cheating and misappropriation of fund in the nearest police station.

Regards

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

If the broker has cheated you then you can also report the case to SEBI since the broer is bound to register you wit SEBI and please bear in mind that you relationship with the broker is of principal and agent.

In my advise you should file immediate FIR and subsequently file a case in the SEBI also.

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

Hi, it is a criminal offence of cheating , forgery and fraud .. File a complaint at the cyber cell crime branch delhi .. They will investigate the matter and will register the FIR ..

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

In this condition you have to file a complaint against him for the offence of cheating punishable under section 420 of the Indian Penal Code. Cheating is an offence as well as a civil wrong, therefore you can also file a civil suit against him for the compensation. You can file a civil suit for compensation for all the loss incurred by you due to his fraud.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

If you initiate criminal as well as civil proceeding against him then both the proceedings may Run concurrently. For the Civil proceeding you have to  produce some evidence regarding loss incurred by you. In the Civil proceeding you can also claim cost of the petition and compensation for the mental agony.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

profit and loss in online trading is common hence the broker cannot be held responsible for the losses you suffered.

However, if the broker has cheated yo and you hav evidence for that then you may lodge a criminal complaint against the broker for breach of trust, cheating and other offences.

You can even take up the mater with SEBI directly i the broker is laying fraud on you by quoting his broker licence number with the details of the fraud played by him on you.

T Kalaiselvan
Advocate, Vellore
88463 Answers
2395 Consultations

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