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darrylco

Investors information from Economic Offence Wing

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darrylco

An investment company duped it's investors on pretext of doubling the investment in short time. A police complaint was lodged and a case is going on in the court. At present the Economic offence wing(EOW) is handling the matter.

The EOW took the original documents and gave an acknowledgement to the investors. But the problem is that when any investor went with only his/her documents it was registered as 1 investor

and when any investor went with his/her and other family members, say 1 + 4, then also it was registered as 1 investor. If these 2 investors went it was registered as 2 investors instead of 1+(1+4)=6 investors.

I need help in filing RTI to

1. find the actual number of investors

2. Request for inspection of submitted documents to verify the number of investors

3. if found that the number provided by the EOW does not match with actual inspection, to have a valid/ certified proof to present in the court of law

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Prasad GLN

As far as the First query is concerned you can get information on number of investors, but as the documents and information submitted was personal to EOW, they may not provide you inspection.  If you wanted for the purpose of court, you can seek such documents by filing such petition in Court.

However, there is no section that prohibits any citizen in seeking any information.

Search website of EOW go through RTI Rules and regulations and file such application seeking all the information you require, come back after receiving PIO response.

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Sunil Ahya

Kindly file a RTI application as follows:

To,

The Public Information Officer (PIO),

Name of the Public Authority,

Address of the Public Authority.

 

Subject Matter of Information:

Information pertaining to XX Company.

 

Description of Information Required:

1. In-accordance with the provision of section 2(j)(i) of the RTI Act, kindly provide me with an inspection of all the documents pertaining to the XXXX.

Please note that, during the process of aforesaid inspection, I shall select the required information, kindly do provide me with a certified photocopy of such selected information on payment of prescribed fees.

 

Is the EOW from Maharashtra, then Maharashtra RTI Rules will apply?

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darrylco
As far as the First query is concerned you can get information on number of investors, but as the documents and information submitted was personal to EOW, they may not provide you inspection.  If you wanted for the purpose of court, you can seek such documents by filing such petition in Court.
However, there is no section that prohibits any citizen in seeking any information.
Search website of EOW go through RTI Rules and regulations and file such application seeking all the information you require, come back after receiving PIO response.
If I just ask for the number of investors registered the EOW will obviously provide the same number that they have provided to the Court which lower than the actual figure. My father had submitted documents of the family and received single registration number just saying X number of original documents received. We need to resubmit the xexox at EOW branch with registration number and they transfer 10000 per registration number.
The Court has attached the company accounts and given the EOW 20 crores to be distributed on basis of 10 thousand per investor as the documents seized shows 20 thousand investors. But claim of only 13 thousand has been received by the EOW. The Court has attached other properties which are yet to be sold. As per Supreme Court order the investors are supposed to get first 10000,than 25000,than 40000 installments.Request made to the court to distribute the remaining amount to the registered investors has been declined saying that it is for the remaining 7000 investors.
So getting the actual number may get us close to the 20000 Mark.
Fron my previous RTI experience I feel that we get 2 proper chances to get the required information, once from the PIO and second time from First appellate authority.Secobd appeal take 2 to 3 years and very short time in front of the SIO.

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darrylco
Kindly file a RTI application as follows:
To,
The Public Information Officer (PIO),
Name of the Public Authority,
Address of the Public Authority.
 
Subject Matter of Information:
Information pertaining to XX Company.
 
Description of Information Required:
1. In-accordance with the provision of section 2(j)(i) of the RTI Act, kindly provide me with an inspection of all the documents pertaining to the XXXX.
Please note that, during the process of aforesaid inspection, I shall select the required information, kindly do provide me with a certified photocopy of such selected information on payment of prescribed fees.
 
Is the EOW from Maharashtra, then Maharashtra RTI Rules will apply?
Yes it's EOW of Maharashtra. Just an inspection of the documents and requesting for the copy is not a proof of getting and presenting the actual count in the Court. Need this actual count to be provided or certified by the EOW during inspection.

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Prasad GLN

First decide and focus on the exact point of information.

Solicit the basis on which number of investors are taken into account when there are several investors in the same family or in that way.  Seek that copy of circular/directive basing on which they arrive to total investors.

Get that copy of directive and then decide further course of action.

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darrylco
First decide and focus on the exact point of information.
Solicit the basis on which number of investors are taken into account when there are several investors in the same family or in that way.  Seek that copy of circular/directive basing on which they arrive to total investors.
Get that copy of directive and then decide further course of action.
Can you please elaborate? What exactly do I request the PIO?

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Prasad GLN

The following is your post as doubt.

when any investor went with his/her and other family members, say 1 + 4, then also it was registered as 1 investor. If these 2 investors went it was registered as 2 investors instead of 1+(1+4)=6 investors.

 

The information you require must be considering total number of investors in a family by EOW.

Seek that information though EOW considers the amount to be refund by the CC to public and not the number of investors.

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darrylco
The following is your post as doubt.
when any investor went with his/her and other family members, say 1 + 4, then also it was registered as 1 investor. If these 2 investors went it was registered as 2 investors instead of 1+(1+4)=6 investors.
 
The information you require must be considering total number of investors in a family by EOW.
Seek that information though EOW considers the amount to be refund by the CC to public and not the number of investors.
That's not the case. The EOW has not registered as the total members of the family that invested but clubbed it as documents received by one person as single investor. My father submitted his documents along with four of family members and received single registration number. The EOW is paying 10000 per registration number

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Sunil Ahya

If it is Mumbai Maharashtra the second appeal hearing takes place within a month or two and not two years!

When you go in for inspection, select the required information and if you require certification, specifically ask the PIO to certify the required information and he should do it for you.

Kindly refer to the definition of 'right to information' given under section 2(j) of the RTI Act, please find the same quoted below:

Quote

 

Section 2 (j) "right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to—

(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or records;
(iii) taking certified samples of material;
(iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;

 

 

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Prasad GLN

Unless you know the directions given to them, it is not proper to judge.  When a guidance is given, kindly go through it thoroughly and do not jump into conclusion and repeat what all was posted already.

First learn the instructions given to them.  Then fight for implementing such clause, if it is not correct.  The implementing agency is bound to carry on the work as entrusted to him and within frame work of such directives.

You have already received enough guidance and it is better if you jump into actions and come back doing some thing practically.

Atleast the members of the forum can not decide as to whether EOW is following proper procedure or not, without knowing the directions given by them.

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