• Ways2star Indore looted my money

Hi,

 Wasy2star financial investment advisory in Indore,adithi from that company first two days around 200 times and technically looted, she said she do share trading in big exposure,but she never created demat or i never signed any KYC with them,i did online transfer of 4.5L in jan 15 to 22,when i asked MTM for those days they gave simple excel sheet and then i found they are not at all traded,they did real time drama like they invested in trade and lost...

I lodged chennai crime police complaint,mails to sebi,mcx and banks.

Now i am planning raise court complaint, could you direct me....now i got an EMA from them lime you have 25k and pls send kyc to office address,if i send kyc they will tell i accepted the service....


Hari
Asked 7 years ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

16 Answers

2. Its not clear whether any FIRvis registered or not on the basis of your complaint. If not then you can file case under section 156(3) crpc in the court of Magistrate.

2. If after registration of FIR there is not much progress of the investigation to recover your money or to arrest them you can file writ petition in high court against police inaction.

3. Another option is to file case before the consumer forum to seek refund of money along with damages and compensation.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

As if police is not taking action directly file a complaint to magistrate under crpc 156(3).

Draft a private complaint written and directly file at jurisdictional magistrate and on complaint magistrate shall record statement and direct police to go agaisnt the accused make the company and person you dealt with party to complaint .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. You have already lodged complaint with police, SEBI etc. but no action has yet been taken by any of them.

2. Now file a Writ Petition against inaction of police & SEBI praying for an order upon police to register FIR against the said person and act as per law based on your complaint and direction upon SEBI to take appropriate action against the said company as per law based on your said complaint.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You have already complained to SEBI if trade was unauthorised and lodged police complaint

Don’t send KYC now

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

Just file a cheating complain on them to the police.

Let them say so for KYC, they need many more things which they do not have with them.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

This is another online fraudulent activity for which you should have enquired before transferring the amount.

How could you transfer such a huge money to somebody even without enquiry properly about them?

Since you have lodged a criminal complaint agaisnt the fraudster company, you may wait for the action by the cyber police or you can approach court if there is no effective result and there is an inordinate delay.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

Where is the question of dragging them to consumer forum when this clearly appears as a planned scam and high handed fraudulent activity for wrongful gains.

If the police don't cooperate or there's no proper response then you can approach judicial magistrate court with a petition under section156(2) Cr.P.C, 1973, seeking direction to concerned police for proper legal action on your complaint pending before them.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

You can invoke arbitration clause in your contract

2) disputes would be referred to arbitrator appointed by stock exchange

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

Yes you can file there also, but please be exact in disclosing all the information as this would make your case more strong.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

As the party is in indore, filing a cheating complaint in chennai may not have desirable results. If they have a branch in chennai and if anyone of the exec's interacted with you with respect to the transaction, then, some legal options may be explored. Also, the complete transaction between you and the broker has to be examined to chart out the legal options.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Sir this is clear case of fraud and cheating consumer court wont entertain it.

Write letter to SP/ Commissioner in area to look into matter if he donot and neither police look after it file a direct complaint under 156(3) Crpc to the magistrate.

From where you have made transitions??

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file a Complaint before Magistrate and take orders u/s 156(3) of crpc.

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Hi,

You are suggested to approach court and file the case under 156(3) CR PC for taking police into action. The consumer court case is not the viable option as it relates to trading - commercial activity.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. If police has not registered a FIR based on your complaint, file the Writ Petition as advised in my earlier post to create pressure on those people to return you the said amount.

2. Thereafter you can file a complaint before the local District Consumer Dispute Redressal Forum against the said firm represented by those persons alleging deficiency in service and unfair business practice claiming return of the amount paid by you with interest, damage and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Hello,

if the case is not moving fast then approach the magistrate under 156(3) and ask the magistrate to direct the police to produce the report, showing the stage of completion of investigation.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can not file a case before consumer forum, since you are not a consumer as per the definition of the consumer provided in the act.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer