A matter has come up for arbitration wherein the IGRP Investor Grievances Redressal Panel) has rejected the claim of the applicant for losses suffered for about ₹3,75,000/- due to mishandling of trading in derivatives by

CS Professional · Arbitration, Mediation and Conciliation · PYQS · December 2025
A matter has come up for arbitration wherein the IGRP Investor Grievances Redressal Panel) has rejected the claim of the applicant for losses suffered for about ₹3,75,000/- due to mishandling of trading in derivatives by the representative of respondent, the trading member. The applicant is a Doctor by profession. He is having trading account with respondent which is a stock broking company since the year 2019. In the month of October-November 2022 an employee of respondent, who was assigned as Applicant's Relationship Manager (RM) advised to trade in derivatives. The Applicant informed that he was not an expert in the field but RM assured that she would deal on his behalf. The applicant suffered a loss of approximately ₹80,000/- in the beginning, he directed her to stop trading and further directed her to revive the losses. She assured that she will recover losses and thereafter will stop trading in derivatives. Despite recovery of said loss, she continued to deal and further purchased 30 lots, no stop loss was demarcated and applicant suffered a loss of ₹1,50,000/-. The applicant directed the employee not to deal any further, but she assured that she will recover losses incurred and purchased 250 shares of Adani Green which started losing due to the Hindenburg report. She did not sell these shares despite request by the applicant resulting in huge losses. The respondent trading member has opposed the claim. The account opening form of the applicant-claimant has been filed to show that he became registered constituent since June 2020. Is there any opportunity of winning the matter of the applicant before arbitrator? Explain.

Answer & Explanation:

The facts of the given situation are based on the matter of Arpit Mehra vs. Kotak securities Ltd. This arbitration matter was filed by applicant against respondent Kotak Securities Ltd. for setting aside the order dated 15.05.2023 of Investor Grievance Resolution Panel (IGRP). The IGRP has rejected the claim on a sound reasoning that applicant himself was doing online and off-line trading. There is nothing to show that trading was done by the trading member without the consent or knowledge of applicant for which contract notes and emails & SMSs are available. A person involved in trading may earn or loose. There is nothing to show that respondent is under any legal obligation to compensate the losses. Before any such trade, the risk factor is to be considered. Since the applicant- claimant is doing online trading he is always in a position to act according to his wishes. Even if anyone promises to recover the loss, the act of trading must be done with full cautious. The applicant has submitted that after purchase of Adani Green shares, he asked for its disposal but the representative of Respondent, failed to do so. Nothing prevented him to dispose it as he had earlier traded online. In suffering huge losses, responsibility cannot be attributed to the respondent in the absence of any documented condition for indemnity. The findings of IGRP deserve to be confirmed. The Arbitrator rejected the arbitration application claiming ₹3,73,276/-. No orders as to cost. In view of the matter discussed above, it may be said that the chances of winning of applicant depends upon the actual facts and the evidences.

Topics: Investor Grievances Redressal

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