Prateek applied in the IPO of Maxgrow Ltd. for 100 Equity Shares. He was not eligible to get any shares according to the allotment schedule and also has not received the refund amount within the time stipulated under the
CS Executive · Securities Laws and Capital Markets · PYQS · December 2018
Prateek applied in the IPO of Maxgrow Ltd. for 100 Equity Shares. He was not eligible to get any shares according to the allotment schedule and also has not received the refund amount within the time stipulated under the Companies Act, 2013. Prateek approached the Company through written representation on January 10, 2018. The company neither replied nor processed the refund claim. In the light of the SEBI Regulations, answer the following: State the grounds and the procedure for filing a complaint before Ombudsman.
Answer & Explanation:
Grounds of Complaint A person may lodge a complaint on any one or more of the following grounds either to SEBI or to the Ombudsman concerned: Non-receipt of refund order, allotment letter in respect of a public issue of securities of companies are units of mutual funds or collective investment schemes; Non-receipt of share certificates, unit certificate, debenture certificates, bonus shares; Non-receipt of dividend by shareholders or unit-holders; Non-receipt of interest on debentures, redemption amount of debentures or interest on delayed payment of interest on debentures; Non-receipt of interest on delayed refund of application monies; Non-receipt of annual reports or statements pertaining to the portfolios; Non-receipt of redemption amount from a mutual fund or return from collective investment scheme; Non-transfer of securities by an issuer company, mutual fund, collective investment management company or depository within the stipulated time; Non-receipt of letter of offer or consideration in takeover or buy back offer or delisting; Non-receipt of statement of holding corporate benefits or any grievances in respect of Corporate benefits, etc; Any grievance in respect of public, rights or bonus issue of a listed company; Any of the matters covered under section 24 of the Companies Act, 2013; Any grievance in respect of issue or dealing insecurities against an intermediary or a listed company. Procedure of Filing Complaint Any person who has a grievance against a listed company or an intermediary relating to any of the matters specified in regulation 13 may himself or through his authorised representative or any investors association recognised by SEBI, make a complaint against a listed company or an intermediary to the Ombudsman within whose jurisdiction the registered or corporate office of such listed company or intermediary is located. However, if SEBI has not notified any Ombudsman for a particular locality or territorial jurisdiction, the complainant may request the Ombudsman located at the Head Office of SEBI for forwarding his complaint to the Ombudsman of competent jurisdiction. The complaint shall be in writing duly signed by the complainant or his authorised representative (not being a legal practitioner) in the Form specified in the Schedule to these regulations and supported by documents, if any.
Topics: SEBI (Ombudsman) Regulations, 2003
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