How to complain of fraud against companies?

The government, in order to encourage better compliance of the law, has introduced the form SCP (Serious Complaint Form) for reporting the serious complaints relating to the companies. This form can be filed on the website of the ministry of corporate affairs.

The form can be downloaded by following the link:
http://www.mca.gov.in/MinistryV2/companyformsdownload.html

And this form shall be uploaded by following the link:
http://www.mca.gov.in/mcafoportal/showEformUpload.do

Following category of person can file the complaint:

1. Shareholder
2. Investor
3. Creditors
4. Employee
5. Deposit Holder
6. Others (It include the one who is not falling in the above category)

Nature of Complaint:

1. Cessation of director
2. Management Dispute
3. Financial Mis-management
4. Removal of Director
5. Corporate Fraud
6. Accounting Fraud
7. Oppression of Minority Share Holders
8. Other (if the complaint cannot be categories under any of the above)

Mandatory Information/attachment:

1. ID Proof of the complainant mandatory.
2. If the problem pertains to the director’s cessation then there is an additional requirement of the following information:
   • Director Identification Number
   • Name of the director
   • Father’s name of the director
   • Present residential address
   • Designation (Type of director)
   • Date of cessation
   • Director’s email ID
   • Reason of cessation
   • Any other remarks with respect to the above
3. Description of the information.

Fee:

As this form is released to encourage the complainant to register the complaint related to the companies hence there is no fee applicable in this form.

Digital Signature:

Normally all types of e-forms can only be filed after attaching the digital signature of the concerned person. But this form is the exception where no digital signature is required.

The list can go up to the thousands of categories for which this form can be filed, few of them are as fellow:

1. Disqualified director continuing as director.
2. Banks accepting the cash for providing the loan to the applicants.
3. Companies paying less salaries to their staff but getting their signature on the higher amount receipts or taking back the amount in the form of cash after paying the salaries to the staff.
4. Companies collecting the GST without valid GST number.
5. Companies not issuing the invoices to its customers.
6. Companies cooking the books of accounts to report the better result to the common public.
7. Companies deducting the tax but no depositing to the government.
8. Companies not following the proper accounting system.
9. Companies not refunding the money to its customers.
10. Companies providing the taxable services but filing there returns as they are providing the exempted services.