A company established by law must follow the various laws and compliance set up by the government and other regulatory bodies to ensure just business processes.
If the business starts using unjust methods for profit making like excessive pollution exceeding the allotted limitation or scamming the customer, etc. then you can file a complaint against the company.
There are various methods of complaint apart from suing the company to make which will help you in protecting your rights.
In this article, we will discuss how to file a complaint against a company in the Ministry of Corporate Affairs, In the SFIO Office, etc.
Various Acts and Regulations Involving Operations of a Company
The companies registered in India or doing business in India must follow rules and regulations of the country and must fulfill the compliance set up by the authorities under the law.
The following are various acts and regulations that the company must follow to legally function in India-
- Companies Act, 2013
- Societies Registration Act, 1860
- The Indian Partnership Act, 1932
- The Companies Amendment Act, 2006
- The Limited Liability Partnership Act, 2008
In the violation of any of the acts, the company can be liable for legal action in accordance with the law. The acts and regulations mentioned above are not limited to these laws and may include other laws as well.
How to File a Complaint against a Company
There are various bodies and authorities where you can file a complaint against the company and enforce the company to follow the rules.
The following are the authorities where you can file your complaint against a company-
In the Ministry of Corporate Affairs
The Ministry of Corporate Affair is a ministry which is dedicated to facilitating businesses in the country. You can file a complaint with the registrar of the company if you want.
The following are the steps using which you can file a complaint with the registrar of the Ministry of Corporate Affairs-
- Visit the official website of the Ministry of Corporate Affairs and navigate to the complaint section of the website
- Now, you’ll have two options to file a complaint i.e., against the company itself or the company’s investor
- The very first step for filing the complaint is to find a Corporate Identification Number or CIN
- While filing this online form on the MCA website, one has to enter the Corporate Identity Number (CIN) of the company
- After finding the corporate identification number, in the complaint section, you’ll have to click on the download the complaint form button or click on the online complaint form button
- Now, if you’ve downloaded the form, fill out the form after taking a printout of the application form followed by uploading the filed scanned form
- If you’ve clicked on the online complaint registration, fill out the form with details like name, address, business name, address, and CIN number, briefly explaining the complaint, etc.
- After filling out the form make sure that the filled-up form is correct and that there are no mistakes in the form
- Now, submit the form or in case of a scanned copy and upload it under the eForm upload section on the eForms portal
- Now a Service Request Number will be filed which you can use to track your complaint status
In Serious Fraud Investigation Office (SFIO)
If you are not satisfied with the Ministry of Corporate Affair’s action against the company and your complaint is related to any fraud then you can file the complaint with Serious Fraud Investigation Office (SFIO).
It is a multi-disciplinary organization to investigate corporate fraud and was established in the year 2003 to investigate corporate frauds.
The SFIO only entertains the cases which are characterized as follows-
- Complex corporate frauds involving multi-departmental and multi-disciplinary outcome
- Any Public Interest case which will be judged by size, either in terms of monetary fraud or in terms of the person being affected by this or the possibility of the investigation leading to the improvement of the system, laws, or procedures
- SFIO also investigates serious cases of fraud assigned by the Department of Company Affairs
You can file your case by communicating with the SFIO body using the contact details mentioned below
| PLACE | MAILING ADDRESS | TELEPHONE NO/FAX NO |
| SFIO HEAD QUARTER & REGIONAL OFFICE, DELHI | 2nd Floor Pt. Deendayal Antyodaya Bhawan, CGO Complex Lodhi Road, New delhi-110003 | TELEPHONE- 011-24365787. (off). FAX – 011-24365809 BOARD LINE Nos:011-24369242/011-24369244/011-24369245/011-24369246 |
| SFIO REGIONAL OFFICE, MUMBAI | Mumbai Fountain Telecom Building-I Near Central Telegraph Office M. G Road, Fort, Mumbai -400001 | TELEPHONE NO – 022-22621941/ 022-2262194 |
| SFIO REGIONAL OFFICE, CHENNAI | Corporate Bhawan, Ground Floor No 29, Rajaji salai chennai-600001 | TELEPHONE-044-25270048. FAX -)44-25270049 |
| SFIO REGIONAL OFFICE, HYDERABAD | 4th Floor Corporate Bhawan survey no 127/1, thattiannaram village Bandlaguda , Hyathnagar mandal RR District Hyderabad- 500 068 | TELEPHONE-040-29802783. |
| SFIO REGIONAL OFFICE, KOLKATA | 5, Esplanade East 2nd Floor, Kolkata 700069 | TELEPHONE-033-29740430 |
In Company Law Board (CLB)
Company Law Board or CLB is a quasi-judicial body, exercising equitable jurisdiction, which was earlier being exercised by the High Court or the Central Government.
If you are not satisfied with the resolution of your case from MCA or SFIO, then you can file your complaint with the Company Law Board.
The CLB will register your complaint under section 58A (9) of the Companies Act, 1956, or under section 45QA of the RBI Act, 1934.
You are required to fill the FORM No. 4 of the Company Law Board Regulations and submit it with a Demand Draft of Rs.50/- to the CLB Bench.
The CLB Bench has power corresponding to a Court hence, your case will be judged accordingly. If you want to appeal the CLB Bench hearing then, you can file an appeal to the High Court within 60 days from the date of the decision or order by the CLB.
