ODFC Cybercrime Helpdesk, Meghalaya

     

What is the ODFC Cyber Helpdesk?


The ODFC Cyber Helpdesk is a support service focused on assisting victims of cybercrimes, especially those involving virtual assets like crypto, forex trading, online gaming, task-based jobs scam, and UPI fraud etc.



— Sextortion Victim Helpdesk started in 2020 by the ODFC DIGITAL is an emergency support service. To report cases, please write an email with proofs.


Email 📨 help@sextortion.in || Website: sextortion.in


— The ODFC digital platform operates 24/7, and it is available across India in 750+ districts. If you are a victim of cybercrime, then get the ODFC Cyber Helpdesk's step-by-step support and guidance throughout the resolution process.


— Assistance with complaint documentation and evidence collection.


— Guidance on interacting with police, cyber cells, and banks.


— Access to legal experts from the regional ODFC Community (if needed).



How to use ODFC Cyber Helpdesk?


1. File a Complaint: 


First, file your complaint on the national cybercrime reporting portal (cybercrime.gov.in).


2. Contact to the ODFC Helpdesk: 


Reach out to the ODFC helpdesk with your complaint details, supporting documents, and proofs.


— WhatsApp: 8779696580 

— Email: cybercrime@odfc.co.in


Note: Always keep records of your complaint and communication for follow-up.


3. Follow Guidance: 


The ODFC team will guide you on the next steps, which may involve communication with police, banks, or legal experts.



Fee & Subscription - 


— ODFC team charges a nominal subscription and upfront fee for its services that help to sustain its operations. 


— Sextortion Victim Helpdesk is 100% FREE.



How can I join the ODFC Digital Community?


One can join the ODFC Digital Community by filling out the introduction form available on the ODFC Digital platform. 


The FREE membership allows the cybersecurity experts and legal professionals to learn better and connect with others in the community. 



— WhatsApp: 8779696580 

— Email: help@odfcdigital.com

Digital Arrest (Cybercrime) Helpdesk

  

In Digital Arrest, scammers trick the people on video calls by posing as police, CBI/RBI/Narcotics or ED officers. Interestingly, scammers use studios like real police stations and government offices and also wear police uniforms to look real. Nowadays, this is growing at a fast pace in India. Many complaints are being registered about this across the country. However, there is no such term as “digital arrest” in the law.





MODUS OPERANDI: 

Stage — 1

The scammers typically call a 'potential victim' and inform that you are the intended recipient of a parcel/courier/FedEx, which contains illegal goods, drugs, fake passports or any other items. 

Stage — 2

Further, scammers ask 'potential victims' to appear on video calls and then money is demanded by them to settle the matter. The target person (victim) is psychologically forced to stay online on video chat, i.e., called “digital arrest” until the scammers demands are met.

If you have been a victim of digital arrest scams, then it's time to get help from the Cybercrime Helpdesk.


(( 🖥️ 0DFC.com ))


Please follow these 3 simple steps.

📌 1. File your complaint to the nearest cyber cell or online through the national cybercrime portal (cybercrime.gov.in)

📌 2. Reach out to the ODFC: Provide detailed information along with complaint PDF, transaction statement, call records and other proofs etc.

📌 3. Based on the ODFC's cyber team guidance, you may take the necessary steps to resolve the issue, which may involve communicating with the concerned police department and your bank etc.

Is there any fee, I need to pay to avail the ODFC Cyber services? Yes, the ODFC has a very nominal subscription fee for the services it offers.

Unfreeze Bank Account: Cyber Cell NOC


P2P trader // Online Gamer // Forex Trader


It seems you are searching for information about a bank account freeze issue related to your online activity. If yes, then its time to get help from the ODFC Cybercrime Helpdesk.



Please follow these 4 simple steps.


📌 1. Reach out to ODFC: 

Provide detailed information about your situation, including any police notice with relevant transaction records and communication with your bank. Clearly describe the account freeze, the reasons cited by your bank (if any), and any suspicions of cybercrime or fraudulent activity related to your P2P trading / Online Gaming / Forex Trading. Chat @ helpdesk. 


📌 2. Pay an Upfront Fee:

You will be asked to pay a nominal upfront fee depending on your case. Please, pay it from your other account and keep the record of it. 


📌 3. Cooperate with the ODFC Cyber Team: 

Provide any requested documentation or information to support your case. ODFC cyber experts will guide you through the process and help you address the issue step by step.


📌 4. Follow instructions: 

Based on ODFC's guidance, take the necessary steps to resolve the issue, which may involve communicating with the concerned police department, your bank etc. Remember to stay calm, cooperative, and transparent throughout the process. ODFC Cybercrime Helpdesk is there to assist you in resolving the issue and unfreezing your bank account.


ODFC Cybercrime Helpdesk

Email 📬 cybercrime@odfc.co.in


ONLINE JOBS AND INVESTMENT SCAMS

  

Online Jobs And Investment Scams become rampant nowadays, especially on social media platforms like Facebook, Telegram, Instagram, and WhatsApp etc.


ODFC Cybercrime Helpdesk

Email 📬 cybercrime@odfc.co.in


As per the reference of cases reported to the ODFC Cyber ​​Crime Helpdesk, firstly, the scammers promise you unusually high returns and may give you online tasks that seem too good to be true. Usually, it starts with a small amount and multiplied returns are shown on the given website, then the scammer keeps asking you to pump more money into it with luring messages. Once you deposited a large amount, they will ask you to load more money to secure your investment through their multiple UPIs and bank accounts and keep on asking you to load more money until you get completely fed up and refuse it.




If you have been a victim of online jobs and investment scams, then it's time to get help from the ODFC Cybercrime Helpdesk.


Please follow these four simple steps.


📌 1. Reach out to the ODFC: 


Provide detailed information about your situation, with relevant transaction statement, call records and other proofs etc. Chat on WhatsApp @ 8779696580


📌 2. Pay an Upfront Fee:


You will be asked to pay a nominal upfront fee depending on your case. Please pay it from your account and keep the record of it. 


📌 3. Cooperate with the ODFC Cyber Team: 


Provide any requested documentation or information to support your case. ODFC cyber experts will guide you through the process and help you address the issue step by step.


📌 4. Follow instructions: 


Based on the ODFC's cyber team guidance, take the necessary steps to resolve the issue, which may involve communicating with the concerned police department, your bank etc. Remember to stay calm, cooperative, and transparent throughout the process.


#BitcoinTrader #ODFC #odfcfinance  #OZGlawyers #P2ptraders #BankAccountFreeze #USDT #upifraud #bettingapp #accountfreeze #gamingapp #ozgian  #BinanceAccount #bankaccountrental #cybercell #P2PCommunity #BankAccountFrozen #cyberhelp

ODFC Investment - Learning about Rights Issues and Rights Entitlements (REs)

                  

1. Q. What are Rights Entitlement (REs)?

Rights Entitlements (REs) are temporary demat securities that represent the shareholder’s eligibility to apply for the rights issue. Rights entitlements are offered to shareholders as a ratio to the number of securities held on the record date.


2. Q. When does REs credited to the demat account?

REs are credited to the demat account before the date of opening of the issue.


3. Q. How does REs traded?

REs are traded on the secondary market platform, with a T+1 rolling settlement, similar to equity shares.


4. Q. When does trading in REs start?

Trading in REs starts along with the opening of the rights issue.


5. Q. When does trading in REs close?

Trading in REs closes at least four days prior to the closure of the rights issue.


6. Q. How can investors holding REs in demat form renounce it?

Investors holding REs in dematerialized mode shall be able to renounce their entitlements by trading or off-market transfer. Such trades will be settled by transferring dematerialized REs through a depository mechanism in the same manner as done for all other types of securities. The transactions in REs will be settled on a trade-for-trade basis.


7. Q. What are the payment modes available for the rights issue?

To apply for a rights issue, shareholders can use the Applications Supported by Blocked Amount (ASBA) process if their bank supports it. Alternatively, the company's Registrar and Transfer Agent (RTA) will send a Composite Application Form (CAF) via courier to those who cannot apply online. The filled form can be submitted at a Self-Certified Syndicate Bank (SCSB) branch (WEB). The forms can also be downloaded from the BSE and NSE website. 


8. Q. How many applications can be made from one demat account for REs?

Investors can submit only one application form for REs available in a demat account.


9. Q. Can applicants who are not existing shareholders of the issuer company as of the record date/ex-date apply for the rights issue?

Yes, by purchasing the REs, a person who is not an existing shareholder of the issuer company can apply for the rights issue.


10. Q. Where can detailed information about a RE be obtained?

Refer to the Letter of Offer (LOO) of such issuer regarding the Rights issue. They are required to include detailed processes related to REs, their trading etc., in their LOO. RTA sends LOO on registered email after the rights issue is announced.


11. Q. Which segments are REs traded in?

Rights entitlements are traded on the equity market segment of BSE.


12. Q. How is the base price calculated?

On the first day of the Right Entitlement, the base price would be calculated as (The closing price of the stock - Right Entitlement price). On every subsequent day, the closing price of the Right Entitlement trading would be the base price.


13. Q. What is the settlement process for RE?

All clearing members in the CM (Clearing Member) segment shall be eligible for clearing and settlement of rights entitlement. Trades executed shall be settled on a T+1 basis. Trades executed shall be cleared and settled on a gross basis, and funds shall be settled on a net basis.


14. Q. What happens to shortages in settlement of such trades?

Any shortages in rights entitlement will be directly closed-out at the highest price of rights entitlement prevailing across the exchanges from the day of trading till the T+1 day or 20% above the settlement price of Rights Entitlement on the T+1 day, whichever is higher.


15. Q. Would an individual be eligible for the rights issue if shares are purchased on the ex-date/record date?

No, the shares must be purchased one day prior to the ex-date/record date for the shareholder to be eligible for the rights issue.


16. Q. If shares are sold after the ex-date/record date, would eligibility for the rights issue still apply?

Yes, individuals are entitled to receive the RE if they have sold their shares after the ex-date/record date. The RE will be credited to the broker on their behalf, who will then credit it back to them.


17. Q. If a Third Party Verification error occurs on the RTA's portal, what actions can be taken?

One possibility is that the bank account being used may have a misspelt name. In this case, an alternative bank account can be used, or net banking ASBA can be utilized if the bank allows it.


18. Q. If an individual does not apply for the online rights issue, what will occur with their purchased holding of RE shares?

The REs in the form of temporary demat securities will lapse, resulting in a loss of the premium paid to acquire them if they are not renounced or exercised before the trading window closes.


19. Q. What steps should a client take if they've applied for rights Issue but haven't seen the shares credited to their demat account post-allotment?

If a client applied for rights issue but hasn't received the shares after the allotment date, they should contact the company or the RTA with their application details to resolve the issue.


20. Q. While applying for rights shares, it shows 'Please enter your correct DPID or client ID?

There is a possibility that the entered information is incorrect. Ensure that the 16-digit ID being entered is correct. 


21. Q. What is the difference between: I am a shareholder as on Record Date and undertake to hold RE till issue closing date and I am renouncee and hold rights entitlement in valid demat account to hold RE till issue closing date. Which option must be chosen?

When purchasing REs from the secondary market, it means acquiring them from someone who is renouncing their right. The seller is the renouncer, while the buyer becomes the renouncee. To qualify as an eligible investor and select the share-holder option, one needs to have held at least X number of shares as of the record date. The I am a shareholder as on.. option must be chosen in this case.


22. Q. If an individual purchases REs without holding any shares, are they eligible to apply for REs?

Even if one does not hold any shares, they are still eligible for the rights issue. They can apply for the rights shares either through the RTA's portal or via net banking ASBA if their bank permits it. However, if no action is taken and the REs are left in the demat account, they will lapse after the issue.


23. Q. Will the rights entitlement appear on Kite holdings automatically, and will it be possible to sell them?

After the REs have been credited to the account, they can be viewed and sold in the same manner as regular cash market instruments.


24. Q. What would be the expiry date and time of REs?

The REs will theoretically lapse on issue closure. They should be removed from the demat account once the Registrar and Transfer Agent (RTA) have processed all the applications, which happens within a few days from issue closure.


25. Q. If an individual has 10 shares of a company in one demat account and 5 shares in another, and the company has announced a rights issue in the ratio of 1:15, would they be eligible to exercise the rights?

Eligibility is determined on a folio-wise basis by the RTA. Even though both demat accounts may be linked to the same PAN, the shares would be held in separate folios in the RTA's records. Therefore, in a situation where an individual has 10 shares in one demat account and 5 shares in another, they would not receive the rights entitlement.


26. Q. Where can I apply for the rights issue?

The RTA will put up the exact link on their website once the issue is live. The same goes for the banks which will support the issue.


27. Q. Can I sell the shares on the record date/ex-date and still get the rights issue benefit?

If you had the shares in your holdings on the record date, even if you sell on the record date/ex-date you’ll still be eligible to apply for the rights.


28. Q. What if someone sells their REs and then applies for the rights issue?

The RTA will collect your demat account details and then check for the REs before allotment.


29. Q. Should I unpledge the shares to receive REs and be eligible for the rights issue?

No, the shares do not need to be unpledged to receive REs, and they will be credited to the demat account.


30. Q. At what price can I sell my REs in the market?

There is no fixed price for REs, and market forces determine the price at which the REs will trade?


31. Q. What will happen to my RE’s if I do not sell them?

The REs will get lapsed and will be removed from your holdings, You will lose the premium, if any, paid to acquire those REs.


32. Q. I have X number of shares and I’ve applied for Y more apart from my eligible 1 entitlement. In this case, will I actually be considered for additional shares? I’ve paid the initial amount to RTA. If not eligible for additional shares will they refund to my registered bank account?

The RTA can consider you for additional allotment depending upon the issue subscription. The amount you’ve paid is kept in an escrow account maintained by RTA and will be refunded if the allotment is not made. This is how IPO subscriptions would also work before ASBA.


33. Q. What does that renouncee signify here?

If you’re buying REs from the secondary market, you’re buying it from someone who is renouncing his right. The seller would be the renounce, and the buyer would be renouncee.


34. Q. How can NRIs buy REs, since they cannot pay through RTA?

If your bank allows ASBA through net banking, you should be able to apply as an NRI.


35. Q. How to apply for rights issues if the REs are purchased from the markets or via trading?

Yes, you will be able to either apply for REs via ASBA or directly through the RTA.


36. Q. Does purchasing REs guarantee that a share will be given or is it like subscribing to an IPO?

If you have X REs, and you apply for X+Y shares. You will get X right shares since you’re eligible. For the remaining Y, there will be a lottery system similar to an IPO.


37. Q. Does the REs need to be credited to my account to be eligible for applying for rights issue?

Yes, the REs need to be credited to the demat account for the shareholder to be eligible to apply for the rights issue.The RTA will check the demat account for REs during allotment. However, it is asking the investors to declare whether they already have the REs or have purchased it. There isn’t a third option which say you will purchase the REs within the RE trading period.


38. Q. What is the tax treatment in case of the sale of REs?

The taxation of RE sold would be same as in case of sale of equity shares:

If STT is paid: Short Term Capital Gain (STCG) - 15% under Sec 111A.If STT is not paid: STCG - slab rate.


39. Q. While applying for REs in multiple transactions, does the order needs to be placed multiple times or can one consolidated order be placed?

You can place one consolidated order for all the REs purchased.


40. Q. Can multiple applications for REs be made?

RTA has informed that multiple applications are not allowed, and are liable to get rejected.


41. Q. I am getting an error on the RTA's website - "Details do not exist in Record Date."?

If you have purchased RE from the secondary market then try applying under the renouncee category.


42. Q. What will happen to the amount if I don't receive an allotment?

The money for any shares not allotted to you will be credited to your bank account by the RTA after the process is complete.


43. Q. Can I make the payment from any bank account?

You can make a payment from any bank account as long as you’re the registered account holder. The RTA performs a penny drop check to verify the account holder’s name. The third-party bank account restriction implies that you cannot use someone else’s bank account to pay for your application.


44. Q. I don’t have any securities on the record date, can I still purchase RE through demat account trading platform and then buy the shares against the RE?

Yes, you can purchase the REs till the RE window closure date and apply before the rights issue closes.


45. Q. Since my bank account is not automatically mapped, I’m trying to pay through a different account. However, in spite of it being my account, I get an error “3rd party validation failed”. What could be the reason?

If you’re using a bank account where you’re the registered account holder, possible reasons could include a misspelling of your name, incomplete name on record of the bank, etc. In such cases, please confirm with the RTA.


46. Q. Is CAF number mandatory to apply for Rights issue?

CAF number isn't supposed to be mandatory now since there are no physical rights composite application forms. If the bank hasn't removed it from their portal, you can enter any dummy number (For e.g.your PAN). Please reach out to your bank for making the required changes on their portal. Some banks have already grey-ed out this field.


47. Q. What will happen to REs that are neither renounced nor subscribed by the shareholders?

REs which are neither renounced nor subscribed by the shareholders will lapse after the closure of the rights issue.


48. Q. Are the REs credited in the same ISIN number as equity shares or in different ISIN number?

The REs are credited in a separate ISIN to the demat account of the shareholders, against the shares held by them as on the record date.


49. Q. What if I hold Rights Entitlements (REs) in two demat accounts, will I have to make two applications?

Yes, you need to make two separate applications. During the allotment, RTA checks for the number of REs held in the demat account. If the REs are held in multiple demat accounts, the application must be made separately for each demat account. However, the same bank account can be used to make separate applications.


50. Q. What are the options available with a shareholder for the REs credited to the demat account?

Shareholders can deal with REs credited to their account in the following manner:

They can apply for the equity shares of the company in full or in part of their REs.

They can renounce or sell their REs.


51. Q. How can shareholders get the application form for the Rights issue?

The issuer shall dispatch a common application form to its shareholders as on the record date. Along with the application form, the issuer shall also send the details of the rights entitlements of the shareholder separately.

This application form can be used both by shareholders or renouncee.

The registrar to the issue shall also upload the application forms on its website.

Applicants can use the application form available on the website of the registrar to the issue or printed forms sourced from the issuer, merchant bankers or registrars to the issue.

In terms of Regulation 78 of the ICDR Regulations, the investor also has the option to make an application in writing on plain paper.


52. Q. What will happen if the demat account of the shareholder is frozen?

If the demat account of a shareholder is frozen or demat account details are not available, including shares held in an unclaimed suspense account or in the account of Investor Education and Protection Fund (IEPF) Authority, then REs shall be credited in a suspense escrow demat account of the company and an intimation should be sent to such shareholder by the issuer or registrar to the issue.


53. Q: How is the settlement for fractional units of REs handled in a Rights Issue?

Currently, fractional entitlements are rounded down. However, shareholders can opt for the allotment of one full share by applying for additional shares. The Registrar will continue to follow the existing process for handling fractional entitlements under the new system.


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How to open a Foreign Currency Account (FCA) in GIFT City?

                   

The Reserve Bank of India (RBI) has announced a significant expansion of the Liberalised Remittance Scheme (LRS), allowing Indian residents to open Foreign Currency Accounts in GIFT* City under the International Financial Services Centres Authority Act, 2019. This new provision enables residents to access a wide range of international financial services. 


Go to 👁️‍🗨️ 0DFC.com to learn more about Foreign Currency Accounts (FCA) before opening it. ODFC team will help to get you FCA as per your requirements. It can be used for current or capital account transactions in any foreign jurisdiction, broadening your investment opportunities and facilitating global financial activities. 


👔 ODFC Helpdesk

Email 📬 ask@odfc.in


👔 Get FEMA Consultation

Email 📬 ask@fema.in


*What is the GIFT City?

GIFT City stands for Gujarat International Finance Tec-City. It is a special economic zone in form of a planned business district in Gujarat. This is situated at a 20 minutes’ drive from the Ahmedabad Airport. It is India’s first International Financial Services Centre (IFSC). An IFSC Unit for a financial institution or a bank is treated as “Non-Resident” under the Indian Exchange Control Regulations. It is akin to a foreign territory and the transactions carried out there are permitted only in foreign currency and not in INR.


Go to💗 bankaccount.fema.in

How to un-freeze your Bank Account?

                   

ODFC help you resolve your case with the police or any other law enforcement agencies in case your bank account freeze etc. 


Get help in 3 steps - 


1. Contact ODFC Cybercrime Helpdesk as soon as possible. It is a 24 hour service for your convenience.


2. Provide your bank account statement and a/c freeze notice copy. ODFC Helpdesk may request you for additional documentation or information associated with your case.


3. Pay the basic initial fee. Then ODFC's experts will help you through the process of resolving the issue.




📬 cybercrime@odfc.in

NPA due to Bank’s mistake – legal remedies available to the Borrower – SARFAESI Act - A Case Study by ODFC


 
Sarfaesi / NCLT / DRT Consultant - Loan Settlement with Banks at ODFC (Ozg Lawyers)- loansettlement.ozg.in

It appears that the SARFAESI Act, 2002 was enacted on the assumption that the Bank will commit no mistake in the course of its business relations with the borrowers. It is understandable as to why the Banks need a special legislation like SARFAESI Act, 2002, but there can not be any justification for not providing an effective remedy to the borrowers in case they have a genuine grievance. 




The Bank will sanction loans to the borrowers on specific terms and conditions. There can be variety of credit facilities. In the course of adhering to the terms and conditions; like borrowers, the Banks too can commit mistakes and there can not be any doubt in this regard. Looking at the provisions of the SARFAESI Act, 2002, the rules, the practice and few precedents; borrowers and also professionals alike are doubtful in getting relief from the specially constituted Debt Recovery Tribunal which entertains appeals from the borrowers under section 17 of the Act. 

We have heard many borrowers saying that the Debt Recovery Tribunals will support the Banks and their actions, and will not effectively listen to the grievances of the borrowers. Such an assumption on the functioning of Debt Recovery Tribunals and Appellate Tribunals may not be correct though the system needs to look within. The Courts too have understood the difficulties in approaching the Civil Courts in recovering the outstanding dues and the Courts have upheld the provisions of SARFAESI Act, 2002 with few suggestions in the Course.

 The SARFAESI proceeding and litigation, as many feel, goes as follows:

1. The Bank will classify a loan account as NPA (Non-performing Asset) as per the RBI guidelines on Asset Classification etc. It is debatable as to whether it is right to apply the guidelines issued by the RBI mechanically or not. There may be cases where the Bank or the concerned officials believe in the credentials and credit worthiness of a borrower due to past record. Even in these cases, the Bank normally classifies the account as NPA if the borrower fails to meet the agreed commitments and the Bank will rely on the guidelines issued by the Reserve Bank of India. There can be two views on this. If the discretion is given to the Bank in classifying an Account as NPA, will it really benefit the bonafide borrowers?. As such, the law in this regard is that the Bank should follow the RBI guidelines in classifying an Account as NPA and RBI guidelines are mandatory. The classification of an Account as NPA is the preliminary thing before proceeding further in recovering the dues under the provisions of SARFAESI Act, 2002.

2. After classifying an account as NPA, the Bank or the authorized officer of the Bank will issue a demand notice to the borrower under section 13 (2) of the Act demanding the borrower to pay the entire outstanding due as on date.

3. The borrower can raise his objections if any to the demand being made by the Bank under section 13 (2). It is to be noted that if the borrower is silent to the demand notice, the same will be noted when the borrower files an appeal before the Debt Recovery Tribunal under section 17 of the Act.

4. If the borrower raises any written objections to the Bank’s demand notice under section 13 (2), then, the Bank should reply to the objections. The reply is mandatory. The courts have emphasized the need on the part of the Bank to apply its mind properly to the objections raised by the borrower. Borrowers contend that the Bank will not listen to the objections and mechanically reject those. If the Bank finds merit in the objections raised by the borrower, then, the Bank can correct itself and proceed accordingly.

5. If the Banks rejects the objections raised by the borrower under section 13 (3A), then, the Bank will issue a possession notice under section 13 (4) of the Act. It is called symbolic possession.

6. The possession notice issued by the Bank under section 13 (4) of the Act provides a right to the borrower to approach the Debt Recovery Tribunal and file an Appeal if he feels aggrieved.

7. The borrower should pay the prescribed fee while filing an appeal under section 17 and normally the borrower prays for a stay of SARFAESI proceedings. Many borrowers feel that the Debt Recovery Tribunal will ask the borrower to deposit some amount while granting stay if the DRT comes to a conclusion to grant a stay. 

We feel that the borrower need not make a deposit always and the DRT will grant a stay directly without asking for any deposit in some cases based on facts. If the DRT is not inclined to grant a stay and if the DRT dismisses the application seeking stay, then, the borrower is entitled to file an appeal to the DRAT (Debt Recovery Appellate Tribunal).

8. In case where the borrower did not approach the Tribunal and in case where the borrower fails to meet the demand made by the Bank, the Bank will take such steps in taking physical possession of the property under section 14 and can sell the secured asset in public auction etc.

Though the procedure under SARFAESI Act, 2002 appear to be simple, there were many complications in the course. It is presumed that the DRT will only look into the procedural lapses and other disputes pertaining to maintenance of account, violation of terms and conditions etc., can not be looked into by the DRT. Then, where is the remedy to the borrower for his genuine grievance? Is it proper to ask the borrower to approach Civil Court against the Bank paying Court fee and asking for damages etc.? The Civil Court may not be entitled to grant a stay of SARFAESI proceeding in view of Section 34 of the Act. If the borrower approaches the High Court, the High Court may say that the alternative remedy is available before the DRT and as such a Writ under Article 226 is not maintainable. In these circumstances, where is the effective remedy available to the borrower unless the DRT looks into all the genuine objections of the borrower keeping the technicalities apart? It may be contended that if the Bank commits any mistake, then, the DRT can award cost and compensation to the borrower as enshrined under section 19 of the Act. But, the careful perusal of the Section 19 makes it very clear that the DRT can award costs and compensation only when it is provided that the procedure followed by the Bank in proceeding against the secured asset is incorrect. We may not have many precedents where the DRT award compensation to the borrowers. These are the various complications in fighting against the mistake committed by the Bank while classifying an account as NPA and while seeking relief against the SARFAESI proceeding. As such, the entire process to be clear and the DRT should effectively function and grant relief to the borrowers if there is a merit in the borrowers’ contention. If the specially constituted Tribunals supported by Courts fail to function, then, there can not be any meaning in constituting the Tribunals and the High Courts would be flooded with petitions under Article 226 of Constitution of India and petitions under Article 227 of Constitution of India. Dealing with the issue of functioning of Tribunals in India, the Hon’ble High Court of Calcutta in Chanda Engineers (India) Ltd Vs. U.C.O. Bank 2005 AIR(Cal) 28, 2005 (125) CC 708, was pleased to observe as follows:
“(2.) So far as the power of Article 227 is concerned, in earlier, High Courts hardly got any opportunity to apply the power of superintendence under it over the Lower Courts and Tribunals. Number of litigations was much less. Lower Courts had enough opportunity to go through procedural propriety. 

There was no mushroom growing of Tribunals. Only few Tribunals were existing. Provision was normally applied where there was neither any scope of appeal nor any scope of usual revision. But since when various Tribunals either by way of Constitutional amendment or under the respective statutes are formed and also revisional jurisdictions are curtailed by way of amendment of the Code of Civil Procedure particularly in respect of the interlocutory matters, number of applications under Article 227 of the Constitution of India have been increased. Therefore, if the totality of the scenario is projected it will be seen that from when several jurisdictions of the High Courts are curtailed number of making applications under Article 227 of the Constitution of India have been increased. If this is the trend then formation of Tribunals for the sake of people is a big question for the legislature. It is high time to think whether the installation of various Tribunals is really minimizing number of disputes or increasing the number of disputes. ”Thus, the borrower will have to face lot of difficulties once the account is classified as NPA. In cases where the outstanding is only few lakhs and the borrower do not run a big business concern, then, it would really be difficult to face the Banks under the provisions of SARFAESI Act, 2002. There is an issue of work pressure with Tribunals and getting a competent counsel engaged is also a costly thing when the amount outstanding is not much. The borrowers may not really understand the whole procedure and the implications under SARFAESI Act, 2002 and as such there is a need to ignore technicalities and keep the law constant. There were contradictory views on certain issues under SARFAESI Act, 2002. Thus, a wrong classification of an account as NPA will have disastrous consequences though one may say that the law is clear and the SARFAESI Act, 2002 provides a remedy to the borrower to file an Appeal under section 17. 

Sarfaesi / NCLT / DRT Consultant - Loan Settlement with Banks at ODFC (Ozg Lawyers)- loansettlement.ozg.in

We would like to share a case study in this regard and the facts are as follows.

Facts of the Case:

A Bank has issued a notice to the borrower under section 13 (2) of the Act demanding the payment of outstanding being 25 lakhs. The borrower’s contention is that there was a fire accident in the Factory admittedly. The Bank was supposed to process the insurance thing and it is part of terms and conditions of credit facility. However, the insurance claim was delayed to due to the mistake by the Bank in informing the changed address of the borrower to the Insurance Company though the borrower has duly informed about the change of address and other relevant issues from time to time. As the borrower in this particular case is not a willful defaulter, has approached the Bank seeking waiver of interest and penal interest etc. as that was resulted due to the Bank’s mistake. The borrower contention is that he has to suffer a loss of 12 lakhs due to the Bank’s mistake and the Bank continues to charge interest and penal interest against the outstanding though the Insurance Claim was delayed due to the mistake of the Bank. Even after the issuance of notice, the borrower has paid a sum of 4 lakhs initially and 8 lakhs thereafter. The borrower’s query is as to how to get effective relief in this case as he was subjected to heavy loss?. The borrower’s contention is that his account was classified as NPA due to charging of interest and penal interest without looking at the mistake committed by the Bank.

Analysis:

In the case referred to above, it may be easy to say that the borrower can send his objections under section 13 (3A) and can file an appeal challenging the notice under section 13 (4) of the Act. It is also easy to say that the borrower can get compensation under section 19. Practically, the issue is different. Some may say that the borrower can only approach the Civil Court claiming damages and the DRT will only look into the procedural lapses in issuing notice under section 13 (2), reply under section 13 (3A), notice under section 13 (4) of the Act etc. 

Ozg Lawyers @ ODFC

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DeFi Saving A/c in India - Crypto Investment

                 

DeFi is coined with two words 'Decentralised' and 'Finance'. DeFi allows crypto users greater control over their funds. It consists of multiple financial products and services, which are easily accessible to anyone from anywhere via the Internet. 

Before starting you should be aware that, buying or selling crypto assets is taxed at a standard rate in India. Any kind of cross-border transactions are regulated by FEMA law and guidelines provided by the Reserve Bank of India. Please, get advice from OZG FEMA Lawyers as per your requirements. 



How to start with DeFi? 

It is important to do your research about the various aspects of a DeFi protocol. This post is provided here on the ODFC page of your place to educate yourself about DeFi as there are several risks associated with it. Risks such as rug pull scams, fake projects, exit scams, and others, so learn about them before investing in any DeFi protocol. 

Here are some of the steps to get started with DeFi:


1) Set up a Crypto Wallet - 

Crypto wallets are digital wallets that allow you to store crypto and interact with various DeFi protocols. Usually, there are two types of digital wallets: Cold and Hot wallets. Choose a crypto wallet that best serves your financial interests and goals. Get help from OZGiAN Support Chat and subscribe to the exclusive ODFC services. 


2) Acquire Crypto Coins - 

As you may know in Demat Account, where you need a bank account/UPI to load cash in your trading account to invest money in the stock market, similarly here you need to acquire crypto coins to participate in and interact with various DeFi protocols. Some wallets are on crypto exchanges, where you can purchase crypto coins. Most protocols are built on the Ethereum platform, so it is advisable to start with ERC-20 tokens.


3) DeFi Investment Opportunities -

Now, look at some protocols that make it popular for investments. 


a) DeFi Staking - 

One of the most common crypto investment options is staking. It is essentially a buy-and-stake investment strategy to earn profits in the long run. It involves locking up crypto tokens to validate transactions in the DeFi protocol. You can earn profits from transactions made within the protocol you help validate. Some Crypto staking options can make you more money than traditional savings accounts. It is a good option if you have a large amount of crypto sitting in your wallet and want to put it to good use. Most popular crypto exchanges offer staking services, which can prove profitable, especially now as huge investments are being put into new blockchain protocols.

 

b) DeFi Lending -

Similar to traditional lending, crypto users can earn interest by lending their crypto to borrowers. Decentralised applications, or dApps, connect borrowers to lenders based on loan size and crypto collateral. 

 

c) DeFi Trading - 

You can also earn by trading various DeFi-related crypto on popular crypto exchanges. Subscribe OZGinvest chat to learn more about better offerings.

 

d) Interest in Savings Accounts -

Another investment option in DeFi is to create a crypto savings account. You can earn interest by transferring crypto sitting idle in your wallets to a crypto savings account. DeFi savings accounts can offer higher yields compared to banks' savings accounts. For example, some crypto savings account providers offer flexibility to users by not putting conditions on locking their crypto and allowing them to withdraw whenever they wish.

 

e) DeFi Yield Farming -

Crypto-yield farming is a more complex version of staking, and the term comes from how farmers maximize their yield by switching from one crop to another. Similarly, DeFi yield farming is about rotating your crypto investments to different yield farms. This DeFi protocol uses smart contracts to lock crypto tokens and pay interest.

 

4) What are the Risks? 

Failure among start-ups business is common, so new companies using DeFi technology may not succeed, resulting in a loss of funds. 

Additionally, DeFi protocols do not provide insurance like our traditional banks and NBFC companies in case of theft or if you become a victim of a crypto scam.

 

5)  Important Note: 

Crypto products and NFTs are kind of unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions. Every investor must do his/her research or seek independent advice if necessary before initiating any transactions in crypto products and NFTs.

Disclaimer - 

The views, thoughts, and opinions expressed here are not a piece of investment advice, and the ozgian/ozgindia/ozgfinance/odfc shall not be held liable for any acts or omissions, or losses incurred by the investors.

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