Mutual Fund and Stock Market Dispute in India: SEBI Complaint Guide
By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Banking Law
Mis-sold mutual funds, unauthorized broker trades, broker fraud, and demat account irregularities affect thousands of investors across India every year. Furthermore, many investors do not know their legal rights or the specific SEBI complaints process that provides effective remedies. However, the Securities and Exchange Board of India (SEBI) has built a robust investor protection framework and knowing how to use it gives you significant leverage against fraudulent brokers and fund distributors. Advocate Ganta Surya Kiran at 19 Law Chambers guides investors through SEBI complaints, arbitration, and civil proceedings against fraudulent market participants.
Common Types of Investment Disputes in India
Mutual Fund Mis-Selling: A distributor recommends unsuitable mutual fund products high-risk funds to senior citizens seeking capital preservation, or expensive regular plans instead of cheaper direct plans to earn higher commissions. Furthermore, miss-selling includes: not explaining risks adequately, promising guaranteed returns (which mutual funds cannot guarantee), and churning your portfolio (switching funds frequently to generate commissions). Consequently, SEBI regulations specifically prohibit all these practices.
Unauthorized Trading by Broker: Your stockbroker executes trades in your demat account without your explicit instruction. Moreover, some brokers pledge your shares without your knowledge to fund their own trading operations. Specifically, unauthorized trading is both a civil wrong and a potential criminal offence under SEBI regulations.
Broker Defalcation: The broker collects funds from clients for investment but misappropriates them for personal use or business operations. Furthermore, this is criminal breach of trust under Section 406 IPC as well as a SEBI violation. Consequently, brokers who defalcate client funds face both criminal prosecution and SEBI deregistration.
IPO Application Fraud: Fraudsters collect money from investors for IPO applications claiming to allocate multiple applications to increase allotment chances — and then disappear with the funds. Moreover, applying through multiple demat accounts for the same IPO using fictitious persons’ details is itself a SEBI violation. Consequently, only apply for IPOs through your own verified demat account.
Your Rights as an Investor — SEBI Regulations
Right to Know Your Broker: All brokers and sub-brokers must be registered with SEBI and the relevant stock exchange. Furthermore, verify registration at sebi.gov.in before dealing with any broker. Consequently, dealing with unregistered brokers forfeits most regulatory protections.
Right to Contract Notes: For every trade your broker must send you a contract note within 24 hours. Moreover, contract notes are the official record of every transaction retain them carefully as evidence for any future dispute.
Right to Segregated Client Funds: Brokers must maintain client funds separately from their own funds. Furthermore, pledging client shares without explicit consent is a serious SEBI violation. Consequently, check your demat account statement regularly for unauthorized pledges.
Right Against Churning: SEBI regulations prohibit brokers from excessively trading client accounts to generate commissions. Moreover, if your portfolio has been churned — frequent unnecessary fund switches or excessive trading you can claim damages for the excess charges incurred.
How to File SEBI Complaint — SCORES Portal
Step 1 — Try the Intermediary’s Grievance Mechanism First Contact your mutual fund house, broker, or distributor’s grievance officer in writing. Specifically, describe the mis-selling, unauthorized trading, or fraud clearly with dates, amounts, and the specific wrong committed. Furthermore, give them 30 days to respond. Consequently, keeping this correspondence is essential evidence for the SEBI complaint.
Step 2 — File on SEBI SCORES Portal If the intermediary’s grievance mechanism fails file on the SEBI Complaints Redress System (SCORES) at scores.sebi.gov.in. Specifically, SCORES requires: your PAN and contact details, name of the intermediary (broker, mutual fund house, distributor), description of the complaint with all dates and amounts, supporting documents contract notes, account statements, correspondence. Moreover, SEBI acknowledges SCORES complaints within 7 working days and aims to resolve within 30 working days. Consequently, SEBI’s regulatory authority creates strong pressure on registered intermediaries to resolve complaints promptly.
Step 3 — Investor Grievance with Stock Exchange For disputes specifically about stock market transactions file a complaint with the investor grievance cell of BSE or NSE. Furthermore, stock exchanges have dedicated arbitration mechanisms for investor disputes with registered brokers which are faster and cheaper than civil court litigation. Moreover, NSE and BSE arbitration awards are legally binding and enforceable. Consequently, for broker disputes involving authorized trades or commission disputes exchange arbitration is often the fastest resolution route.
Step 4 — Civil Suit for Large Amounts For fraud involving large amounts file a civil recovery suit in the District Court. Specifically, simultaneously with SEBI proceedings civil suits allow recovery of: principal amount invested, interest on misappropriated funds, consequential losses, and compensation for mental agony. Furthermore, apply for attachment of the broker’s or distributor’s assets to secure your recovery. Consequently, parallel civil proceedings protect you if the SEBI investigation takes time.
Frequently Asked Questions
Q: My mutual fund SIP was cancelled without my knowledge and money returned to me. But I suffered losses because I missed market gains during that period. Can I claim?
Yes — if the SIP was cancelled without your instruction or due to the distributor’s negligence you can claim the opportunity cost. Specifically, file a complaint with the mutual fund house’s investor grievance cell. Furthermore, escalate to AMFI (Association of Mutual Funds in India) and SEBI SCORES if unsatisfied. Consequently, the compensation calculation is the difference between the fund’s return during the missed period and the return you actually earned on the returned amount.
Q: My broker pledged my shares without permission and I lost money when they were sold. What can I do?
This is a serious SEBI violation and potentially criminal offence. Specifically, file immediately on SEBI SCORES and simultaneously file a criminal complaint under Section 406 IPC (criminal breach of trust). Moreover, demand the return of shares or equivalent compensation from the broker. Consequently, brokers who pledge client shares without consent face SEBI deregistration in addition to civil and criminal liability.
Q: I invested with an unregistered investment advisor who disappeared. Can I recover my money?
File a criminal complaint under Section 420 IPC and the Prize Chits and Money Circulation Schemes (Banning) Act. Furthermore, report to SEBI and cybercrime.gov.in. However, recovery from an unregistered person who has disappeared is significantly harder than recovery from a registered intermediary making due diligence before investing essential. Read: Online Investment Fraud India. Free legal aid: NALSA — nalsa.gov.in.
Also read: Consumer Court Complaint India | Insurance Agent Fraud India | Best Lawyers in Vizag
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