False asking of payment False asking of payment

8 months ago

we had our goods delivered by a delivery company, which they didn't deliver on time and now they have charged false demurrage of Rs. 3 lakhs on and above the original payment, we have said many times that we are ready to pay the original amount but they are not agreeing and are asking for unreal payment, and we have enough evidence that they are at fault, what reply should i give them? as they are e-mailing me threats of legal action, we are a MSME kindly help

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
State Governments are to establish the Micro and Small Enterprise Facilitation Council (MSEFC) for the settlement of disputes on getting references/filing on delayed payments u/s. 20 and 21 of the MSMED Act. Section 18 of the MSMED Act grants the statutory right to MSME entities to approach the Facilitation Council to get their disputes resolved, which cannot be curtailed due to the existence of a separate dispute resolution mechanism in the contract between the parties. Any Micro or small enterprise having a valid Udyog Aadhar (UAM) can apply. So, in the prevailing situation, you being an MSME can file a complaint against the concerned Delivery Compay before the Micro and Small Enterprise Facilitation Council (MSEFC) for redressal of your dispute. If required, you seek the professional advice of an Advocate for guidance and steps.
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