COMPLAINT AGAINST  NBFC'S TO RECOVER FIXED DEPOSITS

Powers have been vested with the Company Law Board for directing the defaulting NBFCs to make repayment of the deposits / interest with a view to protect the interests of the depositors.

Reserve Bank of India (Amendment) Act,1997 have added section 45QA to the Act so as to empower the Company Law Board to order repayment of deposit.

WHAT IS SECTION 45QA                                                          

Section 45QA reads as follows :

"Power of Company Law Board to order repayment of deposit. -

(1) Every deposit accepted by a non-banking financial company, unless renewed, shall be repaid

and the other persons interested in the matter.

To give effect to the above provisions, Company Law Board Regulations 1991 have been amended vide Notification No.GSR 433 (E) dated 1st August, 1997-(1997) 26 CLA (ST) 112.

The application for refund of deposits and interest thereon, can be made in prescribed Form No.4 of the Company Law Board Regulations 1991 in duplicate along with a fee of Rs.50 by way of Demand Draft/Pay Order in favour of Pay & Accounts Officer, Department of Company Affairs to the Bench Officer, Company Law Board, at New Delhi/Calcutta/Mumbai/Chennai under whose jurisdiction, the Registered Office of the defaulting company falls.

The following table gives the jurisdiction of various offices of the Company Law Board :-in accordance with the terms and conditions of such deposit.

(2) Where a non-banking financial company has failed to repay any deposit or part thereof in accordance with the terms and conditions of such deposit, the Company Law Board constituted under section 10E of the Companies Act, 1956 (1 of 1956) may, if it is satisfied, either on its own motion or on an application of the depositor, that it is necessary so to do to safeguard the interest of the company, the depositors or in the public interest, direct, by order, the non-banking financial company to make repayment of such deposit or part thereof forthwith or within such time and subject to such conditions as may be specified in the order:

Provided that the Company Law Board may, before making any order under this sub-section, give a reasonable opportunity of being heard to the non-banking financial company.

FORM NO.4

(See Regulation 37)

APPLICATION BY DEPOSITOR UNDER SECTION 58 A (9) OF THE ACT OR SECTION 45 QA of the RBI Act, 1934. BEFORE THE COMPANY LAW BOARD (...... BENCH)

IN THE MATTER OF THE COMPANIES ACT, 1956 (1 OF 1956) SECTION 58 A/RBI ACT,1934.

AND

IN THE MATTER OF : (Name of the Depositor-applicant)

AND

IN THE MATTER OF : (Name of the Company)

1. INTRODUCTION:

1. Name and address of the Depositor-applicant :

2. Name of the company and address of its Registered Office :

3. Name(s) of Depositor(s) (if being filed jointly by many depositors) with full address and amount of deposit. (To be enclosed as annexure giving details under following heads).
 
 

S. NO

NAME

ADDRESS

DEPOSIT AMOUNT

DATE

RATE OF INTEREST

MATURITY AMOUNT

DATED

REMARKS

2. TRANSACTION:

1. Total amount of Deposit :

2. Fixed Deposit Receipt no. & Date (Photostat copy to be enclosed) :

3. Terms and Conditions of Deposit as also date of maturity of Deposit :

4. Details of payment made, by the company, if any :

5. Actual amount due as on date of application (Principal/interest) :

6. Details of correspondence, if any, made between the company and the Depositor (copy of correspondence to be enclosed) :

7. Any other particular(s) as may be considered relevant :

PRAYER:

The Depositor -applicant, therefore, prays : -

Date ...................

Important:

1. The application is required to be accompanied by a demand draft of Rupees Fifty, drawn in favour of "The Pay and Accounts Officer, Department of Company Affairs, New Delhi/ Bombay/ Calcutta/Chennai."

2. Application is to be submitted in duplicate at one of the following addresses (suiting your territorial jurisdiction).
 

ADDRESS OF CLB BENCH Bench officer Western Region branch  2nd Floor, N.T.C.House, 15, Narottam Morarjee Marg, Ballard Estate, Bombay : 400 038. Bench Officer, Company Law Board Southern Region Bench, Amindivi, Shastri Bhavan, ‘A’ Wing, 5th floor, Block 8 No.26, Haddows Road, Chennai : 600 006. Bench Officer, Company Law Board, Eastern Region Bench,  9, Old Post Office Street, 6th Floor,  Calcutta : 700 001.  Bench Officer, Company Law Board,  Principal Bench at New Delhi  Shastri Bhavan, 5th Floor, ‘A’ Wing,  Dr.Rajendra Prasad Road,  New Delhi : 110 001.

TERRITORIAL JURISDICTION Madhya Pradesh, Goa, and Union territories of Dadra Haveli, Daman & Diu.         Tamil Nadu, AndhraPradesh, Kerala, Karnataka and Union Territories of Amindivi, Minicoy and Lakshadweep Islands and Pondicherry        West Bengal, Orissa, Bihar, Assam, Tripura, Manipur, Nagaland, Meghalaya, Arunachal Pradesh and Mizoram. Jammu & Kashmir, Punjab, Himachal  Pradesh, Rajasthan, Haryana and Union territories of Chandigarh, Delhi,and Uttar Pradesh. .