Delayed payment
3 years ago
Sir My problem is I am a civil contractor and we had provided construction services to a company and now my payment has stuck for our RA bills of months November, December and January.Approx Rs 9,30,456 stuck company just evading with us.We are also registered in MSME.So requested to you please suggest me to take my money back.
A.You may lodge a complaint under the provisions of MSME and get Award.
Please give me Rank 5 if you feel my answer helped you.
=====================================================
https://samadhaan.msme.gov.in/MyMsme/MSEFC/MSEFC_Welcome.aspx
=====================================================
MSME SAMADHAAN- Delayed Payments to Micro and Small Enterprises under Micro, Small and Medium Enterprise Development (MSMED) Act, 2006
The MSMED Act, 2006 (Dealing with Delayed Payment) NEW
Related Provision
The Micro, Small and Medium Enterprise Development (MSMED) Act, 2006 contains provisions of Delayed Payment to Micro and Small Enterprise (MSEs). (Section 15- 24). State Governments to establish Micro and Small Enterprise Facilitation Council (MSEFC) for settlement of disputes on getting references/filing on Delayed payments. (Section 20 and 21)
Nature of assistance
MSEFC of the State after examining the case filed by MSE unit will issue directions to the buyer unit for payment of due amount along with interest as per the provisions under the MSMED Act 2006.
Who can apply
Any Micro or small enterprise having valid Udyog Aadhar(UAM) can apply.
Salient Features
The buyer is liable to pay compound interest with the monthly rests to the supplier on the amount at the three times of the bank rate notified by RBI in case he does not make payment to the supplier for his supplies of goods or services within 45 days of the acceptance of the goods/service rendered. (Section 16)
State Governments to notify (i) Authority for filing Entrepreneur Memorandum (ii) Rules of MSEFC and (iii) Constitution of MSEFC.
All States/UTs have notified Authority for Filing Entrepreneur's Memorandum, 33 States/UTs (i.e. except Arunachal Pradesh, Assam and Manipur) have Notified rules of MSEFC and all the 36 States/UTs have constituted MSEFCs, as per provisions laid down under MSMED Act 2006.
Every reference made to MSEFC shall be decided within a period of ninety days from the date of making such a reference as per provisions laid in the Act.
If the Appellant (not being the supplier) wants to file an appeal, no application for setting aside any decree or award by the MSEFC shall be entertained by any court unless the appellant (not being supplier) has deposited with it, the 75% of the award amount. (Section 19)
Implementation
The provisions under the Act are implemented by MSEFC chaired by Director of Industries of the State /UT having administrative control of the MSE units. State Government/UTs are requested to ensure that the MSE Facilitation Council hold meetings regularly and delayed payment cases are decided by the Councils within a period of 90 days as stipulated in the MSMED Act, 2006.
MSME Samadhaan Portal - Ease of filing application under MSEFC, an Initiative from Ministry of MSME, Govt. of India
Ministry of MSME has taken an initiative for filing online application by the supplier MSE unit against the buyer of goods/services before the concerned MSEFC of his/her State/UT. These will be viewed by MSEFC Council for their actions. These will be also visible to Concerned Central Ministries, Departments, CPSEs, State Government, etc for pro-active actions.
Please give me Rank 5 if you feel my answer helped you.
=====================================================
https://samadhaan.msme.gov.in/MyMsme/MSEFC/MSEFC_Welcome.aspx
=====================================================
MSME SAMADHAAN- Delayed Payments to Micro and Small Enterprises under Micro, Small and Medium Enterprise Development (MSMED) Act, 2006
The MSMED Act, 2006 (Dealing with Delayed Payment) NEW
Related Provision
The Micro, Small and Medium Enterprise Development (MSMED) Act, 2006 contains provisions of Delayed Payment to Micro and Small Enterprise (MSEs). (Section 15- 24). State Governments to establish Micro and Small Enterprise Facilitation Council (MSEFC) for settlement of disputes on getting references/filing on Delayed payments. (Section 20 and 21)
Nature of assistance
MSEFC of the State after examining the case filed by MSE unit will issue directions to the buyer unit for payment of due amount along with interest as per the provisions under the MSMED Act 2006.
Who can apply
Any Micro or small enterprise having valid Udyog Aadhar(UAM) can apply.
Salient Features
The buyer is liable to pay compound interest with the monthly rests to the supplier on the amount at the three times of the bank rate notified by RBI in case he does not make payment to the supplier for his supplies of goods or services within 45 days of the acceptance of the goods/service rendered. (Section 16)
State Governments to notify (i) Authority for filing Entrepreneur Memorandum (ii) Rules of MSEFC and (iii) Constitution of MSEFC.
All States/UTs have notified Authority for Filing Entrepreneur's Memorandum, 33 States/UTs (i.e. except Arunachal Pradesh, Assam and Manipur) have Notified rules of MSEFC and all the 36 States/UTs have constituted MSEFCs, as per provisions laid down under MSMED Act 2006.
Every reference made to MSEFC shall be decided within a period of ninety days from the date of making such a reference as per provisions laid in the Act.
If the Appellant (not being the supplier) wants to file an appeal, no application for setting aside any decree or award by the MSEFC shall be entertained by any court unless the appellant (not being supplier) has deposited with it, the 75% of the award amount. (Section 19)
Implementation
The provisions under the Act are implemented by MSEFC chaired by Director of Industries of the State /UT having administrative control of the MSE units. State Government/UTs are requested to ensure that the MSE Facilitation Council hold meetings regularly and delayed payment cases are decided by the Councils within a period of 90 days as stipulated in the MSMED Act, 2006.
MSME Samadhaan Portal - Ease of filing application under MSEFC, an Initiative from Ministry of MSME, Govt. of India
Ministry of MSME has taken an initiative for filing online application by the supplier MSE unit against the buyer of goods/services before the concerned MSEFC of his/her State/UT. These will be viewed by MSEFC Council for their actions. These will be also visible to Concerned Central Ministries, Departments, CPSEs, State Government, etc for pro-active actions.
Helpful
Helpful
Share
A.1) Have you register your company as a civil contractor ?
2) Since how many years are you providing this services in construction to the said company ?
3) We will have to refer to the agreement between you and a construction company ?
4) Have they given you a clean sheet after you have completed your work or are they finding out some kind of faults in your construction work ? a detailed analysis have to be made
5) If you are still waiting for the bills of November, December and January which is amounting to him to approximately 10 lacs then you are sure to go for a loss, also recommend you to file recovery suit against associate company if they have violated the payment norms. Ask for PDC Cheque if possible so that you have proper evidence for your payments. Do NOT tell them that you are initiating some legal action as they may start removing mistakes in your completed construction works.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Do show me the entire set of documents & I shall be able to guide you more into this matter.
Your query is answered in detail. We can help you in getting done the same & Complete Legal Documentation works. Hope this information is useful
ADV. ANISH PALKAR (High Court)
2) Since how many years are you providing this services in construction to the said company ?
3) We will have to refer to the agreement between you and a construction company ?
4) Have they given you a clean sheet after you have completed your work or are they finding out some kind of faults in your construction work ? a detailed analysis have to be made
5) If you are still waiting for the bills of November, December and January which is amounting to him to approximately 10 lacs then you are sure to go for a loss, also recommend you to file recovery suit against associate company if they have violated the payment norms. Ask for PDC Cheque if possible so that you have proper evidence for your payments. Do NOT tell them that you are initiating some legal action as they may start removing mistakes in your completed construction works.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Do show me the entire set of documents & I shall be able to guide you more into this matter.
Your query is answered in detail. We can help you in getting done the same & Complete Legal Documentation works. Hope this information is useful
ADV. ANISH PALKAR (High Court)
Helpful
Helpful
Share
satej Chandrakant more
Responded 3 years ago
A.Dear Sir,
Need to issue a legal notice for further action.
Thanks
Adv. Satej More
Need to issue a legal notice for further action.
Thanks
Adv. Satej More
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.1. Issue a legal notice,
2. failing to pay the dues, you may file civil recovery suits.
2. failing to pay the dues, you may file civil recovery suits.
Helpful
Helpful
Share
Rameshwar Dadhe
Responded 3 years ago
A.If you have all concern evidence or agreement between both then file money recovery suit against them immediately
Helpful
Helpful
Share
Read Related Answers
Two DTCP plots with single gift deed
Dear Client,
Unless the original doner and the original donee of the gift deed execute and register a rectification deed or supplementary deed bifurcating each plot of land in the Schedule of the Prop...
Real estate agent harrassing for brokerage
Dear sir,
In many cities such illegal practice is there. You approach police and they will teach them a lesson. You need not give any brokerage.
To landlord - I am staying in this house from 6 years
Dear Client,
You can send a legal notice to the landlord and demand to repay the security deposit. In case of inaction from the landlord, you can file a suit under Order 37 of CPC before a jurisdictio...
Addition of Wife Name in new flat sale
Dear Client,
An owner who wants to add a co-owner to his property will have to do so by way of creating a new deed altogether mentioning the ratio or portion of the ownership in the property. This new...
Real estate -rera
Dear Client,
As the housing project is not registered under the RERA, you have to file a complaint against the real estate company and its directors before the District Consumer Commission under Sec.3...
Read Blogs on Real Estate
Real Estate Lawyers
Find Lawyers by Location
