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All Articles & Concept by:Vijay. K. Tewari

Apr 5, 2013

Does the Banks and NON Banking Finance companies would ever be investigated ?

Does the Banks and NON Banking Finance companies would ever be investigated? 
                        As  early as in sixties nation saw a boom of companies who were promising to indian common man of city -town and villages , who were making promise to DOUBLE the money deposited . This was in the backdrop of  millions incidents  where housewives were cheated by fraudes to double the gold . This was done by a sadhu or baba ,who  used to  ask the lady of the house to put her jewellery in a earthen pot , and to come back after meditating for half an hour . And when they used to return to get the  doubled gold , they used to find that the baba or sadhu has disappeared . Result crying and getting scolded by their men folks .  Even in those days Chit fund companies came in existence their  Modus -Operandi was to collect small -small amount like Rs one to hundred everyday from door to door . Here also the assurance was to double the collected amount . 
                                                 According to the Reserve Bank list of NBFC who are authorised to accept the deposit from Public is around Fifteen hundred and NBFC those who are prohibited from accepting the deposit from public is around Five Thousand All these companies are engaged in accepting money from "Public" , when I    say it it means that those are authorised they are doing legally but even those are prohibited ,they also do the same thing ,through "back door " . Meaning the money get deposited through authorised Person . Big NBFC's are involve in business are some productive process , they are in the position to repay the Principal amount along with interest . But those who are involved in giving loans on high rate of interest are in a precarious situation .
                                                         According to an report these companies are "Defaulter" in making payment to their subscribers .  If a NBFC  of SAHARA GROUP size is unable to give the detail of payment of Rs 24000 Crores then these small players position can be understood .Some One lakah Fifty thousand Crores is involved . A large chunk of this amount can be said to have been embezzled. Even now every month minimum fifty to sixty complaints are received  by police HQ . But the police attitude is very lax ,their excuse is that they are not equipped to prosecute . And the public is being looted everyday .Now these companies have also entered in Media . Their wish is that they can influence the administration and system . This is very unfortunate .. 

Does the supreme court has to do the job of federal executive ?

Does the supreme court has to do the job of federal executive ? 
                                       The recent some of the pronouncements of the apex court has proved that what the central government was supposed to do ,is being done by  judiciary.  I may remind the famous case of Non banking finance company SAHARA ,in which the court has directed the SEBI  the stock market regulator to deposit or give the detail and proof of the depositors of Rs 24000 Crores . It seems that SAHARA group is dilli daling in complying the instructions of SEBI . But the court has freezed its account of  its Directors and its many companies. Similarly the court has fined Rs 100 crores penalty on VEDANTA group who is trying very hard to put up steel plant  in Orissa , for violating the environmental  regulation . In another case the court has granted the permission to the group of banks who have put the money in KING  FISHER AIRLINES to sell its share which has been mortgaged  to the banks . Yet in another case Bharti airtel has been fined Rs 100 crores for non - compliance of the regulatory instructions . Already another Mobile phone company VODAPHONE has been denied any relief in recovery of Rs 1000 crores tax liability . 
                                                              All these were to be done by the various ministries of GOI who have failed ,to perform their duty . Recently a scandal of money laundering has been unearthed by a sting operation of a news agency COBRA , in which three banks were named in the news reports . The banks in question are considered the most successful in banking , but the truth of their success was exposed through this opration . The banks are H.D.F.C. and ICICI and AXIS bank all these are in private sector banking . Reserve bank after the report has instructed these banks to enquire and submit a report . Now here is the laxity of the Central bank of the country who is responsible for all financial activity in the country which affects either to a individual investor or depositor or to the basic financial health of country . Also it has a duty to control and monitor the currency market . Now after the expose RBI should have  sent a team of its officials to investigate the lapses and charges mentioned in the report , instead it has simply asked the concerned banks to conduct a house enquiry and submit report , Are we have to suppose that those are responsible would give a factual and correct report ? Perhaps not , then why RBI has done this ,is it just to fulfill its obligation or allow the erring parties to set their record straight ? 
                 Serious Economic offence wing of Ministry of Companies Affairs has   more than such  61 cases which involves approx. 12 Lakhs crores rupees . In all these cases  the victim is hapless small investors  who has put his money after seeing the promises made in advertisements or brochures , and the agents of these fraudulent companies  also alure the poor chap to loose his money in the false promise . After the Supreme Courts directive  the MUtual funds and bond selling companies have started writing the statutory risk warnings , but that too in such a small "FONT LETTERS" that one surely needs magnifying glass to read and comprehend 
                        This was the storey of financial bungling and irregularities , but the other day Supreme court has gave a decision on a complaint of victim who was denied justice by PUNJAB POLICE. In the case police produced a magistrate report which has given "clean Chit " to the concern police officials , the apex court commented that " report of magistrate should be thrown in the dustbin ,as it is not reliable " and ordered punjab government to set up an inquiry in the case . In the matter police has denied that it has neither misbehaved nor humiliated the complainant , who has gone to file an FIR against an truck driver who has tried to molest the lady and her daughter . Now even after the passing of the Anti criminal Amendment Law , if the police is not sensitive the the law would be a futile exercise for common man .Until the sufferer approaches the court , no relief would be possible . 
                                                       Need the hour is that let the executive perform its duty , and Supreme Court be spared to dispose of millions of pending cases .