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Moneylife » Investing » Fixed Income » How to get your money back from Yash Birla group companies

How to get your money back from Yash Birla group companies

Moneylife Digital Team | 24/09/2013 03:09 PM | 

Damyanti Vithalani, a Moneylife reader got her money back from Yash Birla group companies by filing a complaint to MCA portal. Those who invested in the corporate FDs of Zenith Birla (India) and Birla Power Solutions can follow her tactic to get their money back  

Moneylife has received several complaints from agitated readers and senior citizens who have not been able tot get their fixed deposit (FD) maturity amounts from Yash Birla Group companies – Zenith Birla (India) Ltd and Birla Power Solutions. Damyanti Vithalani, who fought for her refund says that a complaint to the Ministry of Company Affairs (MCA) website reached the right ears. Here is what you need to do to get your money back from the Yash Birla group companies.

  1. 1. First, you should file a complaint with the Investor Grievance Cell of the company. Many investors have not got a response to this. It does not matter, follow this step and then escalate the issue if you do not get a response. You can do this by filing an online complaint to MCA.
  2. On MCA website click on the right side menu under ‘Important Links’ click on ‘Lodge Investor Complaints’. It will provide you Investor Complaint Form. Fill in all the necessary information and submit your complaint online.
  3. While filling online complaint form on MCA website you need to enter Corporate identity number (CIN) of company. Zenith Birla India's CIN is L29220MH1960PLC011773 and Birla Power Solutions' CIN is L31101MH1984PLC032773.
  4. You can also file a case against company with the Company Law Board (CLB) under section 58A (9) of Companies Act, 1956 or under section 45QA of the RBI Act, 1934.
  5. You need to fill form no. 4 of Company Law Board Regulations and submit it with a demand draft of Rs50 to nearest CLB Bench.

Ms Vithlani managed to get her money back after filing complaints with the MCA as well as the CLB. She had invested in corporate FD of Zenith Birla India Ltd. On maturity, the company received her FD claim but they did not give any timeline for refunding the money. Later on, she filed complaint on MCA website and wrote emails to the legal team of Yash Birla group as well as the company’s board members, PVR Murthy and Vimal Dubey. She sent a copy of every email to MCA at roc.mumbai@mca.gov.in and Ministry of Commerce (MoC). She also filed her complaint with the CLB. After following this process for a month, she received Rs6 lakh from Zenith Birla India.
 

Between March and June 2013, the CLB had received as many as 130 complaints against other Yash Birla group company, Birla Power Solutions.  Applicants have filed complaints under section 58A(9) of the Companies Act, 1956 as the company has failed to repay their deposits-FDs as per the terms and conditions of acceptance of deposits.
 

On 30 August 2013, in view of the genuine claim of the applicants and also in exercise of powers conferred under section 58A (9) of the Companies Act, 1956, CLB Member Vimla Yadav directed Birla Power, as under:

  1. The company shall make the repayment of the Fixed Deposits with up-to date interest by Demand Draft by 05 October 2013 which shall be sent by Registered Post to the said applicant depositors.
  2. The company shall examine the Pre-mature cases of the depositors in the context of hardship cases and arrange to pay those who require the funds immediately.
  3. The company shall file an affidavit of compliance with the CLB by 10 October 2013 to the effect that it has repaid the deposits to the 130 depositors. A copy of the Affidavit to be sent to the Registrar of Companies, Mumbai Maharashtra as well.
  4. Any failure to comply with this order on the part of the R-I Company shall attract the penal provisions contained in sub-section 10 of section 58A of the Companies Act, 1956.
  5. The Bench Officer shall forward a copy of this order to the Registrar of Companies, Maharashtra also.
  6. In the event of non compliance of this order, the Registrar of Companies, Mumbai Maharashtra, 100, Everest Building, Marine Drive, Mumbai-2 shall initiate prosecution proceedings against the company and its every officer including the Mg. Director of the company before 30 November 2013.

As of March 2012, Yash Birla group companies owe Rs97.25 crore to small investors invested as fixed deposit. Birla Power Solutions owes the highest, Rs57.92 crore while Zenith Birla (India) owes Rs33.19 crore to FD holders. Birla Cotsyn (India) and Shloka Infotech have collected FDs worth Rs5.67 crore and Rs52.84 lakh from investors as of March 2012. Yash Birla group companies have not yet published reports for end-March 2013.
 

Are Yash Birla Group companies in deep trouble? Yash Birla Group of companies has been struggling with many issues like liquidity crunch, non-payment of loans, negative cash flows etc. Most of its companies are giving negative returns to the investors and its share prices are not even in double digits.
 

Corporate FD’s are unsecured in nature but many investors including senior citizens like Damyanti Vithalani  invested lakhs of rupees due to the goodwill of the Prestigious Birla Group. However, Yash Birla is more known for its lavish lifestyle on Page3 parties instead of his business moves, which shows the careless attitude of the group. The promoter’s stake in Birla Power Solutions is only 1.08%. It shows that the promoter himself lost faith in his company. For FY2013, Zenith Birla India reported a net loss of Rs44.62 crore while, during the June 2013 quarter it widened to Rs19.52 crore.


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123 Comments
MR  V RAMANI

MR V RAMANI 2 days ago

Moneylife, (as many of the sr.citizen members like me who have posted/aired their helplessness and disappointments faced at the failed attemtps in recovering their hard earned moneys on FDS with Cos.) would do a greater service if a special desk is set up to handle these fraudsters, on chargeable basis. Rates could be fixedup on value at stake basis also. Pl discuss/give a serious thought to this issue and let us know. Keenly await your positive response. Thanks n Regards. Ramani - 68 years.

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Manharlal Patel

Manharlal Patel 3 weeks ago

Dear Sir,

It is very sad that after one year also i am not getting my principal amount of fixed deposit, the details are as below.

1)Company Name: Unitech Limited
2) Name of FD holder: MAYABEN MANHARLAL PATEL
3) FD Amount: Rs. 50000=00
4) FD receipt no.: 1011963
5)Period of FD: 3 years
6)Type: cumulative
7)Matured amount: Rs. 71540=00
8)Initial Date: 12.01.2011
9)Date of maturity: 12.01.2014
10) My mail id: manharlalpatel1@gmail.com

With kind regards

Mayaben Patel

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JGC

JGC 3 weeks ago in reply to Manharlal Patel

Manharlal / Mayaben Patel,
This is merely a blog and gives information to people.
For getting your money back you need to take up the matter with respective company and in case of no reply you can approach to the Ministry of Corporate Affairs (MCA),Company Law Board (CLB), Prime Minister Office (PMO). Their email and postal address is available in other post/comments below OR from their websites.

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Manharlal Patel

Manharlal Patel 3 weeks ago

Dear Sir,

kindly note that we are valuable fixed depositors of Tricom India Ltd., Our details of FD are as below. our FD was matured in the month of september - 2014 and we have already submitted original FD receipt through Karvy Broking Ltd. - Bharuch, Gujarat but till date we have not received maturity amount neither any corresponce from company. so i hereby request you to do the needful in this matter

1) Name: Mayaben Manharlal patel
2) FD No. / Receipt No. - 900198
3) Initial Amount Rs. 50000 = 00
4) Maturity Amount Rs. 71288=00
5) Initial Date 09.09.2011
6) Maturity Date 09.09.2014
and
1) Name: Manharlal Thakorlal patel
2) FD No. / Receipt No. - 900197
3) Initial Amount Rs. 50000 = 00
4) Maturity Amount Rs. 71288=00
5) Initial Date 09.09.2011
6) Maturity Date 09.09.2014

we have never thought that group like Tricom will create this type of situation as we are in urgent need of our money

An urgent attention on this matter is highly appreciated

Thanking you

with kind regards

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X
Manharlal Patel

Manharlal Patel 3 weeks ago

Dear Sir,

kindly note that we are valuable fixed depositors of Birla Cotsyn India Limited, our details of FD are as below. our FD was matured in the month of september - 2014 and we have already submitted original FD receipt through Karvy Broking Ltd. - Bharuch, Gujarat but till date we have not received maturity amount neither any corresponce from you. So i hereby request you to do the needful in this matter



1) Name: Mayaben Manharlal patel

2) FD No. / Receipt No. - FC/3/0911/01177

3) Initial Amount Rs. 50000 = 00

4) Maturity Amount Rs. 69930=00

5) Initial Date 09.09.2011

6) Maturity Date 09.09.2014

and

1) Name: Manharlal Thakorlal patel

2) FD No. / Receipt No. - FC/3/0911/01178

3) Initial Amount Rs. 50000 = 00

4) Maturity Amount Rs. 69930=00

5) Initial Date 09.09.2011

6) Maturity Date 09.09.2014

wer ahve never thought that group like Birla will create this type of situation as we are in urgent need of our money

An urgent attention on this matter is highly appreciated

Thanking you

with kind regards

Reply »Link » Report abuse
X
Manharlal Patel

Manharlal Patel 3 weeks ago

Dear Sir,

kindly note that we are valuable fixed depositors of your company, our details of FD are as below. our FD was matured in the month of september - 2014 and we have already submitted original FD receipt through Karvy Broking Ltd. - Bharuch, Gujarat but till date we have not received maturity amount neither any corresponce from you. So i hereby request you to do the needful in this matter



1) Name: Mayaben Manharlal patel

2) FD No. / Receipt No. - FC/3/0911/01177

3) Initial Amount Rs. 50000 = 00

4) Maturity Amount Rs. 69930=00

5) Initial Date 09.09.2011

6) Maturity Date 09.09.2014

and

1) Name: Manharlal Thakorlal patel

2) FD No. / Receipt No. - FC/3/0911/01178

3) Initial Amount Rs. 50000 = 00

4) Maturity Amount Rs. 69930=00

5) Initial Date 09.09.2011

6) Maturity Date 09.09.2014

wer ahve never thought that group like Birla will create this type of situation as we are in urgent need of our money



An urgent attention on this matter is highly appreciated



Thanking you



with kind regards

Reply »Link » Report abuse
X
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