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the Notice dated February 09, 2015 and while stating that it had obtained
SCORES user id and password, inter alia, requested for 15 days extension.
Vide Notice dated March 10, 2015 the Noticee was given a final
opportunity of personal hearing on March 26, 2015. The said Notice
dated March 10, 2015 was duly delivered to the Noticee through NRO and
also through email. However, the Noticee failed to avail the opportunity of
personal hearing. I note that sufficient time and opportunities have been
provided to the Noticee in consonance with the principles of natural
justice and hence I am proceeding with the inquiry taking into account
the material available on record.
ISSUES FOR CONSIDERATION
7. After perusal of the material available on record, I have the following
issues for consideration, viz.,
A. Whether the Noticee has failed to resolve investor grievances?
B. Whether the Noticee is liable for monetary penalty under Section 15C
of the SEBI Act, 1992?
C. What quantum of monetary penalty should be imposed on the Noticee
taking into consideration the factors mentioned in Section 15J of the
SEBI Act, 1992?
FINDINGS
8. On perusal of the material available on record and giving regard to the
facts and circumstances of the case, I record my findings hereunder.
ISSUE 1: Whether the Noticee has failed to resolve investor
grievances?
9. As already observed, SEBI introduced an online electronic system for
resolution of investor grievances, i.e., SCORES in 2011. For the purposes
of accessing the complaints of the investors against them, as uploaded in
the SCORES, listed companies were required to login to SCORES system
electronically through a company specific user id and password, to be
provided by SEBI. By not submitting the details for authentication as
required by the Circular, the Noticee did not obtain the user id and
password which was essential for accessing the complaints pertaining to
the Noticee, as uploaded on the SCORES for redressing the investors
grievances and subsequent redressal thereof. Vide letter sent to the
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Jayanta Jash
Adjudicating Officer