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EnforcementSEBI's framework on unregistered collective investment schemes; the Punjab and Haryana High Court order of July 2026 in a Zirakpur commercial-project matter; Directorate of Enforcement communications in the PACL matter

When Someone Guarantees You 15 Per Cent, the Guarantee Is the Warning — Not the Feature

28 August 2026|7 min read|By Oquilia Newsroom

An assured return sounds like a feature and functions like a borrowing. Someone who guarantees you a fixed percentage on an asset that does not exist yet is not sharing an investment’s upside with you. They are taking a loan from you at a rate no bank would lend at, secured by nothing but a brochure — and paying the early investors out of what the later ones bring in.

The structure, seen twice at very different scales

At the largest end, the Chandigarh-based PACL group collected on a scale the Directorate of Enforcement places at roughly Rs 48,000 crore, selling land-linked instruments on promises of allotment and appreciation — products SEBI had held to be unregistered collective investment schemes and ordered wound up. The ED’s February 2026 attachment in that matter, of 247 properties valued at Rs 10,021.46 crore, is the largest single attachment order it has issued.

At the smallest end, the Punjab and Haryana High Court in July 2026 refused bail to a director of a company in a matter concerning a Zirakpur commercial project, where investors alleged they were induced to put in Rs 5.44 crore on the assurance of 15 per cent annual returns, payable quarterly in advance until possession. The court held that allegations of cheating and forgery took the matter beyond a mere dispute about delayed possession.

Both remain matters before the courts, and nothing here is a finding against anyone. The point is the shape they share.

Why a guarantee cannot be what it claims

Ask where the money for the assured payment comes from during the years before the asset produces anything. There are only three possible answers.

  • From the promoter’s other income — in which case you are an unsecured creditor of that business, with none of the protections a lender would insist on.
  • From your own capital, returned to you in instalments and described as a yield.
  • From money paid in by later investors — which works precisely until the inflow slows.

None of the three is an investment return. That is why the guarantee is diagnostic: a genuine commercial return cannot be promised in advance, and anyone promising one is describing a different arrangement than the one being sold.

The checks, in the order that eliminates most of them

  1. Is the entity registered to take your money for this purpose? Collective investment schemes require SEBI registration; deposit-taking is restricted. An unregistered scheme is the whole basis of SEBI’s and RBI’s jurisdiction in these cases.
  2. Is the project on the state RERA register, where the pitch involves real estate — and does the registration disclose the approvals and timeline being promised verbally?
  3. Is the assured return written into a registered document, or does it live only in a brochure and a conversation? A promise that does not survive into the executed agreement was never enforceable.
  4. Is any part of the payment in cash? Cash paid against an allotment letter is the fact pattern in case after case, and it leaves you with a claim you cannot easily prove.
  5. Who has recourse to what if it stops? If the answer is that you would have to sue a company with no assets in its own name, you are the security.

Where to check and where to report

  • Unregistered deposit-taking or investment schemes: sachet.rbi.org.in.
  • Securities-market conduct and unregistered collective investment schemes: SEBI, and complaints via scores.sebi.gov.in.
  • Real-estate projects: your state RERA register.
  • Where cheating or forgery is alleged: the police, by FIR.

The uncomfortable part is that these schemes are not sold to the reckless. They are sold through community, family and religious networks, by people the investor already trusts, which is exactly why the arithmetic above has to do the work that instinct will not.

How to use this page

This page describes published regulatory frameworks and the official channels that go with them. It is general information, not advice on your particular case, and the documents governing your own account, loan or policy control the specifics.

Every route here is free

No agent, consultant or recovery service can obtain an outcome you cannot obtain yourself, and none is required at any stage. Oquilia takes no fee from readers, offers no recovery service, and refers no one to any legal practice.

Escalation, in order

The entity’s own grievance channel first. Then, for banks, NBFCs and payment systems, the RBI Ombudsman at cms.rbi.org.in; for insurers, the Insurance Ombudsman; for online financial fraud, cybercrime.gov.in or 1930.

Source

SEBI's framework on unregistered collective investment schemes; the Punjab and Haryana High Court order of July 2026 in a Zirakpur commercial-project matter; Directorate of Enforcement communications in the PACL matter