Complaints not taken up at the Exchange
The Investor Services Cell of the Exchange would not be in a position to deal with certain types of complaints. Illustrative list of nature of complaints that would not be handled by Investor Services Cell are as under:
Complaints against Exchange Members:
- Complaints in respect of transactions which are already subject matter of Arbitration proceedings
- Complaint involving payment of funds and transfer of securities to entities other than Trading Member
- Claims for mental agony/harassment and expenses incurred for pursuing the matter with the ISC
- Claim for notional loss, opportunity loss for the disputed period or trade
- Complaints pertaining to trades not executed on the Trading System of the Exchange
- Claims of sub-broker/authorized persons for private commercial dealings with the trading member
- Claims relating to transactions which are in the nature of loan or financing which are not within the framework defined by the Exchange
- Claims which are relating to entities/activities which are not regulated by Exchange
Against a Company:
- Complaints pertaining to securities not listed on the Exchange
- Complaints for refund of postal charges, telephone expenses and miscellaneous charges
- Compensation for mental agony, harassment
- Notional loss due to delay in receipt of shares sent for transfer or after IPO
- Complaints which fall outside the purview of the listing agreement and not related to the Exchange
- Pledge and assignment of shares
- Inability of complainant to establish ownership of security.
Note: The Arbitration mechanism available at Exchange, helps provide for resolution towards disputes arising between the Trading member and Constituents, out of or in relation to dealings, contracts and transactions made subject to the Bye-Laws, Rules and, Regulations of the Exchange or with reference to anything incidental thereto or in pursuance thereof or relating to their validity, construction, interpretation, fulfilment or the rights, obligations, and liabilities of the parties thereto and including any question of whether such dealings, transactions, and contracts entered into shall be submitted to arbitration in accordance with the provisions of these Byelaws and Regulations.
The Arbitration petition received will be placed before the Arbitrator/s for their consideration. The Arbitrator/s shall conduct the proceedings and based on the oral and written submission made by the parties shall conclude the same by passing an award. The Arbitration award is binding on both parties.