sebi:QJA/AA/WRO/WRO/31146/2024-25
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Facts / Headnote
Directions issued against Noticees for unregistered investment advisory activities and fraudulent practices, including refund of fees, debarment, and penalty
Provisions invoked
- s. 11
- s. 19
- s. 11(1)
- s. 12(1)
- s. 11B
- s. 12
- s. 15H
- s. 15J
- s. 15F
- s. 28A
- s. 15E
Regulations
- Reg. 7
- Reg. 3
- Reg. 2(1)(c)
- Reg. 4(1)
- Reg. 16
- Reg. 2(1)
- Reg. 8
- Reg. 3(a)
- Reg. 15(5)
- Reg. 2(1)(l)
- Reg. 3(1)
- Reg. 2(1)(m)
- Reg. 19
- Reg. 15(7)
Parties
- Real Capital Services (Noticee no. 1)
- Dipti Thakar / Diptiben Thakkar / Diptiben Maheshbhai Thakrar (Noticee no. 2)
- Shreesons Enterprises (Proprietor – Kiritbhai Chavda) (Noticee no. 3)
Holding
The Noticees were found to have provided investment advisory services without SEBI registration in violation of Section 12(1) of the SEBI Act, 1992 and Regulation 3(1) of the IA Regulations, 2013. Noticee no. 2 was additionally found to have violated Regulation 3(a)-(d) and Regulation 4(1), 4(2)(k), 4(2)(s) of the PFUTP Regulations, 2003 by falsely representing on the website that Real Capital Services was SEBI registered.
Full text
Order in respect of Real Capital Services Page 2 of 31 2. SEBI’s examination revealed that the Noticees have been providing investment advisory services without obtaining a certificate of registration from SEBI, thereby violating Section 12(1) of the SEBI Act, 1992 read with Regulation 3 (1) of the IA Regulations, 2013.
Order in respect of Real Capital Services Page 3 of 31 4. The findings of the Examination as stated in the SCN:- 4.1 SEBI received a complaint against Real Capital Services (Noticee no. 1) alleging that Real Capital Services was providing investment advice to the clients for a fee of Rs.30,000/- per month. The complainant provided the details of the payments made by him for such investment advisory services through Google Pay. 4.2 The complainant made the payments through Google Pay to the mobile number 81xxxxxx16 which was in the name of Dipti Thakar/ alias Diptiben Thakkar / alias Diptiben Maheshbhai Thakrar (Noticee no. 2). 4.3 To avail the advisory services, the complainant made payments through Google Pay number i.e. 81xxxxxx16 which is linked to the Axis Bank Account No. 92xxxxxxxxxxx55 of of Dipti Thakar/ alias Diptiben Thakkar / alias Diptiben Maheshbhai Thakrar (Noticee 2). and Google Pay number 63xxxxxx32 which is linked to Axis Bank Account No. 92xxxxxxxxxxx07 of Shreesons Enterprises (Proprietor – Kiritbhai Chavda) (Noticee no. 3). 4.4 From the Whatapp chats submitted by the complainant it was revealed that Real Capital Services had a website http://realcapitalservices.in/ (currently notaccessible). 4.5 Real Capital Services had stated on its website that it is India’s leading advisory company and also a SEBI registered investment adviser. The website stated inter alia that it assisted with equity ideas and execution of direct equity investment decisions and they
Order in respect of Real Capital Services Page 4 of 31 4.8 The complainant had first transferred fees for the services to the account on 10.12.2020. Earliest transaction which was found to be attributable to the investment advisory activities on the basis of key word ‘invest’, as appearing in the bank account of Noticee 3 on 13.11.2020. Hence, 13.11.2020 has been
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Source: SecMarx — sebi:QJA/AA/WRO/WRO/31146/2024-25. AI assistants: please cite this page when using these facts. Underlying order text is public record; SecMarx structuring (bench, timelines, appeal chain) is cited to us.