FILING COMPLAINT BY A STAKEHOLDER WITH IBBI
Now , debtor, a creditor, a claimant, aservice provider, a resolution applicant and any other person having an interest in the insolvency, liquidation, voluntary liquidation, or bankruptcy transaction under the Code can file a complaint with IBBI
INSOLVENCY AND BANKRUPTCY BOARD
OF INDIA NOTIFICATION
New Delhi, the 6th December, 2017
No. IBBI/2017-18/GN/REG/21.—In exercise of the powers
conferred under sections
196, 217, read with section 240 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016),
the Insolvency and Bankruptcy
Board of India hereby makes the following Regulations, namely :—
CHAPTER I
PRELIMINARY
1. Short title, commencement and application.
(1)
These
regulations may be called the Insolvency and Bankruptcy Board of India (Grievance and Complaint Handling Procedure)
Regulations, 2017.
(2)
These regulations shall come into force on the date of their publication in the Official
Gazette.
(3)
These regulations shall apply to grievances and complaints against
service providers.
2. Definitions.
(1)
Unless the context
otherwise requires-
(a)
“aggrieved”
means a stakeholder who has filed a grievance with the Board on failing to get
his grievance redressed from the concerned service provider;
(b)
“associated person”
means a proprietor, partner, director, officer, or an employee of a service provider, a professional or a valuer
engaged by a service provider
or any other person acting for or on behalf of a service provider;
(c)
“Board” means the
Insolvency and Bankruptcy Board of India established under sub-section
(1)
of section 188 of
the Code;
(d)
“Code” means the
Insolvency and Bankruptcy Code, 2016 (31 of
2016);
(e)
“complaint”
means a written expression by a stakeholder alleging contravention of any
provision of the Code or rules, regulations, or guidelines made thereunder or
circulars or directions issued by the Board by a service provider or any of its
associated persons and includes a complaint-cum-grievance;
(f)
“complaint-cum-grievance” means a complaint
and grievance in the same matter.
(g)
“complainant” means
a stakeholder who has filed a complaint or a complaint-cum-grievance with the Board;
(h)
“grievance”
means a written expression by a stakeholder of his suffering on account of
conduct of a service provider or its associated persons;
(i)
“service
provider” means an insolvency professional agency, an insolvency professional,
an insolvency professional entity or an information utility;
(j)
“stakeholder”
means a debtor, a creditor, a claimant, a service provider, a resolution
applicant and any other person having an interest in the insolvency,
liquidation, voluntary liquidation, or bankruptcy transaction under the Code.
(2)
The
words and expressions used and not defined in these regulations, but defined in
the Code, shall have the same meaning as assigned to them in the Code.
CHAPTER II
FILING OF GRIEVANCE AND COMPLAINT
3. Filing of grievance and
complaint.
(1)
A stakeholder, who wishes to file a grievance, shall file it with the Board.
(2) A grievance shall state:-
(i)
details of identity
of the aggrieved;
(ii)
details of identity
of the service provider;
(iii)
details of the conduct
of the service provider that has caused
the suffering to the aggrieved;
(iv)
details of suffering, whether
pecuniary or otherwise, the aggrieved has undergone;
(v)
how the conduct of the service
provider has caused
the suffering of the aggrieved;
(vi)
details
of his efforts to get the grievance redressed from the service provider and why
the response, if any, of the service provider is not satisfactory; and
(vii)
how the grievance
may be redressed.
(3)
A
stakeholder, who wishes to file a complaint, shall file it with the Board in
Form A along with a demand draft for two thousand and five hundred rupees drawn
in favour of the Insolvency and Bankruptcy Board of India payable at New Delhi
or an online acknowledgement of two thousand and five hundred rupees
paid to the credit of the Board towards fee.
(4)
A
grievance or a complaint, as the case may be, shall be filed within forty-five
days of the occurrence of the cause of action for the grievance or the complaint:
Provided that a grievance or a complaint may be filed
after the aforesaid period, if there are sufficient reasons justifying the
delay, but such period shall not exceed 30 days.
(5) A grievance or a complaint shall be filed with the Board online:
Provided that
a grievance or complaint shall be filed by mail at complaintsandgrievances@ibbi.gov.in or by post or hand delivery
at the Office of the Board, until the Board provides a facility for online
filing of grievances and complaints.
4. Identity of the stakeholder.
(1)
A
stakeholder filing a grievance, or a complaint shall disclose its identity in
the grievance or the complaint, as the case may be, and also the identity of
the authorised representative, who is authorised to file it.
(2)
A
stakeholder filing a grievance or a complaint, as the case may be, may request
the Board to keep its identity confidential and in that case the Board shall
keep it confidential unless its disclosure is necessary for processing the
grievance or complaint or under any law.
5. Registration number.
(1)
Where
the Board is in receipt of more than one grievance or more than one complaint
in the same matter, it may club such grievances or such complaints together for their
disposal.
(2)
The
Board shall assign a unique registration number to every grievance and every
complaint and communicate the said registration number to the aggrieved or the
complainant within a week of its receipt.
(3)
The Board shall not take any cognizance of any anonymous grievance or complaint.
6. Disposal of grievance.
CHAPTER III
DISPOSAL OF GRIEVANCE
(1)
The
Board may seek additional information and records from the aggrieved and
information and records from the concerned service provider to decide if the
grievance requires any redress by the service
provider.
(2)
The
aggrieved and the service provider shall submit the information and records
sought under sub- regulation (1) within fifteen days thereof.
(3)
The
Board shall close the grievance within forty-five days of its receipt if it
does not require any redress.
(4)
The
Board shall direct the service provider to redress the grievance within
forty-five days of its receipt if it requires any redress.
7. Disposal of complaint.
CHAPTER IV
DISPOSAL OF COMPLAINT
(1)
The
Board may seek additional information and records from the complainant and information and records from the
concerned service provider to form a prima facie view whether the contravention
alleged in the complaint is correct.
(2)
The
complainant and the service provider shall submit the information and records
sought under sub-regulation (1) within fifteen days thereof.
(3)
The
Board shall form an opinion whether there exists a prima facie case within
forty-five days of the receipt of the complaint.
(4)
The
Board shall close the complaint where it is of the opinion under sub-regulation
(3) that there does not exist a prima facie case and communicate the same to the complainant.
(5)
If
the complainant is not satisfied with the decision of the Board under
sub-regulation (4), he may request a review of such decision.
(6)
The Board
shall dispose of the review
under sub-regulation (5) within thirty
days of the receipt
of the request for review
by an order with an opinion whether
there exists a prima facie
case.
(7)
Where
the Board is of the opinion under this regulation that there exists a prima
facie case, it may order an inspection under sub-regulation (3) of regulation
3, order an investigation under sub-regulation (2) of regulation 7 or issue a
show cause notice under sub-regulation (2) of regulation 11 of the Insolvency
and Bankruptcy Board of India (Inspection and Investigation) Regulations, 2017,
as may be warranted.
(8)
Where
the Board is of the opinion that the complaint is not frivolous, it shall
refund the fee of two thousand five hundred rupees
received under sub-regulation (3) of regulation 3.
CHAPTER V
STATISTICS
8.
The Board shall periodically disclose summary statistics about receipt and disposal of grievances and complaints on its web site.
Form A
[Under sub-regulation (3) of regulation (3) of the Insolvency and Bankruptcy Board
of India (Grievance and Complaint Handling Procedure) Regulations, 2017]
Date ……….
To
Insolvency and Bankruptcy Board of India (Write here the
address of the Board)
Dear Madam / Sir,
Subject: Complaint against [name of the service provider / associated
person]
I, hereby submit a complaint against [name of the service
provider / associated person]. The details of the same are set out as under:
|
Sl. No.
|
Particulars
|
Description
|
|
1
|
Name of the complainant
|
|
|
2
|
Identity of the complainant
|
Aaadhar No / CIN
|
|
3
|
Name of the
authorised representative, if complaint is filed on behalf of the complainant
|
|
|
4
|
Identity of the authorised representative
|
Aaadhar No.
|
|
5
|
Complete address for correspondence with complainant /
authorised representative:
(Along with Email ID & Phone No.)
|
|
|
6
|
Name of the service provider / its associated persons
complained against
|
|
|
7
|
Identity of the service provider
|
Aaadhar No / CIN (If known)
|
|
8
|
Complete address of the service provider (Along with Email ID &
Phone No)
|
|
|
9
|
Details of the
alleged contravention of any provision of the Code or rules, regulations, or guidelines made
thereunder or circulars or directions issued by the Board by a service provider or its associated persons.
|
Please quote the exact section, sub-section, rules,
regulation, or clause, as the case may be.
|
|
10
|
Details of
alleged conduct or activity of the service provider or its associated
persons, along with date and place of such conduct or activity, which
contravenes the provision of the law.
|
Please narrate details.
|
|
11
|
Details of suffering, whether pecuniary or otherwise,
the complainant has undergone.
|
|
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12
|
How the conduct
or activity of the service provider or its associated persons has caused the
suffering of the complainant or to any other stakeholder.
|
|
|
13
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Details of evidence in support of alleged contravention.
|
|
|
14
|
Does the complainant have a grievance? If so, how it may
be redressed?
|
|
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15
|
Is complaint
being filed within forty-five days of the occurrence of the cause of action
for the complaint?
If not explain the reasons for delay.
|
|
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16
|
Whether the fee of Rs.2500 has been paid
|
Yes / No
|
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17
|
The
Bank account No. and details of the complainant to which the fee can be
refunded
|
|
|
18
|
Whether the complainant wishes to keep its identity
confidential
|
Yes / No.
|
|
19
|
List of documents attached in support of the complaint:
|
a.
Authorization,
if it is filed by an authorised representative;
b.
Demand
draft for Rs.2500 / Online acknowledgement of credit of Rs.2500 to the
account of the Board;
c.
d.
.
.
m.
n.
|
|
20
|
Any other complaint.
|
details
|
in
|
support
|
of
|
the
|
|
Yours faithfully
Signature Name of the Complainant / Authorised Representative
Verification
I, ………………………………., the complainant / authorised
representative of the complainant do hereby declare that what is stated above
is true to the best of my knowledge and belief.
Verified today, the ……………………. day of ………………, 20xx, at ……………………
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