STEPS TO FOLLOW AFTER FILING OF CASE ON MSME SAMADHAAN PORTAL | RECOVERY OF DELAYED PAYMENT | 2023
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- čas přidán 8. 09. 2024
- SECOND VIDEO - STEPS TO FOLLOW AFTER FILING OF CASE ON MSME SAMADHAAN PORTAL FOR RECOVERY OF DELAYED PAYMENT
In this Video we have explained the Steps which are followed once the case is registered on the MSME Samadhaan Portal.
For the Recovery of Dues through MSME Samadhaan Portal, just registering of the case is not enough. We need to follow following steps which are explained in detail in the video.
1. PHYSICAL SUBMISSION OF THE STATEMENT OF CLAIM & SUPPORTING DOCUMENTS - In this step we provide the copies of Invoices, Ledger, Statement of Facts mentioning the details of the transaction, E-way Bills, Transporter Receipts, Reconciliation Statement etc.
2. CONCILIATION - In this step the MSME Council & Its members tries to resolve the dispute between the parties and persuades them to settle the issue and arrive at a Final Settlement wherein the Buyer makes the payment of the Agreed amount to the Seller.
3. ARBITRATION - In this step if the Conciliation fails, the case is referred to an Arbitration Tribunal/Arbitrator who Adjudicates on the issues and gives his decision which is binding on both the parties. Generally the Arbitrator passes the Award in favour of the Sellor and Against the Buyer awarding the Due Amount including Interest, Cost & Compensation.
4) EXECUTION OF AWARD - After passing of the Award the same is executed, which means the compliance of the Award is made and the Buyer is made to pay the awarded amount. For this either an application can be filed before the concerned District Collector where the property of the Buyer is located or the execution case can be filed before the District Court. If the Buyer fails to make the payment then through execution his property can be attached, his GST Number can be blocked and also he can be arrested and put to civil prison.
MSME Samadhaan Delayed Payment Monitoring System was launched by Ministry of Micro, Small and Medium Enterprises (MSME) where Micro and Small Enterprises (MSEs) can file their cases online regarding delayed payments and get their recovery done within 90 Days alongwith Interest.
If you need any help in filing the case then you can contact us on the details mentioned below -
Website - www.bakshiandassociates.com , www.msmelegalhelp.com
Mobile - 7982637108 , 9873750515, 9811680103 and 9811099501
E-mail ID - info@msmelegalhelp.com , anmol@bakshiandassociates.com
info@bakshiandassociates.com, anmolbakshiandassociates.com.
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JAI GURU JI
#msme #recovery #payment
Wow, amazing video to cover the steps after filing of the case. Kudos.
Thank you ! I hope it was helpful for you for handling your MSME case.
Very nice and wonderful sir ji 🌈👍
Thanks Sir Ji
Very Nice 👍👍
Thanks Sir ! Keep supporting
Superb
Very nice and useful information sir. Thanks for sharing
Thanks Sir !
Very informative sir
Thank you Sir ! 🙏🏻 💪
thanks a lot. for guides
for such a very normal and common matter
Thanks sir, your support is our motivation!
Very nice sir ji 👍
You are our motivation! 😊💛
Thank you 😊
Good one Anmol!
Thanks for the support! ❤️
Very nice 😊
Sir apki explanation bhut ache hai...thanks sirg mera question is if my claims value 5 cr eske lie kitna charge lagega case file karne me and if it is going to arbitration what will be charges?
You can contact our team. The details are given in the description. Thanks.
Sir maine bhi apki video dekh kar case kiya hai but abhi taak koi response nhi mila hai case kiye hua 10 days taak hogya aur mai Punjab Ludhiana se hu mai abb kiya karu sir
Please tell me that actual seller is not possible to go for arbitration or for conciliation to msme council than in that situation, can seller may authorise bu power of attorney to his family member or his friend to attend arbitration process and if yes than the copy of power of attorney will be send along with physical submission of document after lodge of complain.
Yes, the case can be proceeded through someone else by giving him/her Power of Attorney or through an Advocate by giving a Vakalatnama. Kindly email us at anmol@bakshiandassociates.com for the copy of the power of attorney.
Sir, As per your instructions we have filled case in msme on 15.12.2023, but till date there is no response from them and We discussed with DIC office regarding the same but till they are not taking any action on this matter
Please advise me what we do next
Sir, which MSME facilitation council have you filed your case under ? Usually it does not take that much time.
Classification year does not exist
In this case what to do
Help me out sir?
You need to make some changes in the Udyam Regisreration in order to proceed with it.
@@bakshiassociates8546 i have made the changes but it is showing the same problem
Hi sir,
If i have mentioned the credit period for the purchase of goods above 45 days, during the time of sale.... Will that bar me from filing a case through msme samadhaan ??
No sir, there will be no such bar, irrespective of what you have written the payment period cannot exceed 45 days and if no payment is made by the buyer then you can file your case.
Sir what would be the arbitration fees in Uttar Pradesh state or how to know about this.
Sir, that depends on the claim amount.
How to get a purchase order from the buyer
Sir if buyer refused to participate in proceedings then what will happen and if you go to court to execute the award for your favour and the opposite party files a new case in higher court...what will happen
Sir, if the party does not appear in the proceedings then you will get an Ex-parte award in your favor,
You can get the same executed through District Collector or through District Courts. In between if the opposite party files an appeal in the higher court then they will have to submit amount equivalent to 75% of the arbitral amount which you can avail from the courts. In that case too your payment is secured.
Traders r covered in it?
Sir, you said amount to be mentioned on application is our sale invoice amt then how about of interest amt
When you file your documents before the MSME council, then you will have to file the interest calculation sheet along with it.
I issues invoice on july-2022 to customer and still dues pending. I got my udayam certificate on 2023 . Can I apply case or if no then guide me next
Yes you can apply, if you have an Udyog Regisreration before it, in case there a a continued cause of action, or any supply was made after the Registeration, then also you can apply for the same.
नमस्कार जी आपका विडियों देख कर हमने case fili किया था जी मई मे अभी यह दिखा रहा है Your application has not been converted to case by MSEFC Council as of now. It will be done in due course. You may contact your MSEFC council. अब कया करे जी
Sir, kitna time ho gaya aapko case daale ? Kuch areas ki council main aapka case Tabhi convert hota hai jab aap unhe kuch documents submit karwa de aur Unki council fees bhar de. Aap iss matter main Meri dusri video Dekh sakte hai aapko clarity ho jayegi.
i got the order to release the payment from msme 1 month before .but yet not received the payment from party. please advise what to do
Sir; you need to file an execution of the award/order as explained in this video.
Sir, there is a question. Is this 45 day rule apply to overseas company who is not paying to our MSME company? If not, what is the way out.
The rule is the same, the payment has to be made before the appointed/decided date or within 45 days whichever is less.
@@bakshiassociates8546 Thank you sir. The person works for a chinise firm but lives in Delhi. He communicates with us on mail but not giving payment. Do you provide services for such recovery Sir
Sir, please share format of statement of claim.
Email me at anmol@bakshiandassociates.com
Can I file case if it's 5 years old payment delay and he is refusing me to pay amount .
Sir, you can file your case even if the payment is 5 years old as the period during the covid lockdowns(2years) is excluded from the calculation of limitation,
Also if any payments were made by the buyer then a fresh limitation period is started with each such payments.
@@bakshiassociates8546 thanks for your kind reply
Hello Sir, I have been told to file a reply and for that do we have to file the affidavit with court fees or just a normal reply....as for my case I have hired a lawyer. MSME Delhi.
No “court fees” is applicable on MSME replies, you just need to file a statement of defence along with a supporting affidavit.
Sir if it is possible can you please send me a sample for statement of defence
@@bakshiassociates8546
Sir,We have filed a complaint against one customer,but by mistake we have raised mail-id of that customer in place of Invoice no...Can we modify it again or what step can we take
Did you got your payment?
sir if our complaint is converted into case then how to appear for case ? is the hearing is online or offline , what to do if the portal is not showing hearing details
Sir, you can communicate with your respective Facilitation Council, the date of hearing is usually updated on the MSME Samadhaan portal. In most of the councils, the hearings happen through VC(online) mode only.
@@bakshiassociates8546 what if the date is uploaded but hearing details are not what are the links of vc mode?
@@krishajain9931 contact your MSME facilitation council at the earliest.
@@bakshiassociates8546 thanks
Sir my application is still showing pending it’s been 14-15 days, can u please inform when the case will move forward.
It depends on council to council, you need to check with the Micro and Small Facilitation council where your case is pending. For any further queries you can also contact us at www.msmelegalhelp.com
Service not available for trading showings
You need to make changes in the major activity and modify it to ‘Services’.
Sur is poore process me kitna time lagta hai.
As per the Act 90 Days is the total time. But practically it can take 1 year for the complete process as explained in this video
portal is not working. it is giving error that invoice date needs to before 01/07/2022 . seems now government does not care at all. what is the use of UDYAM registration if even basic things do not work. it is becoming worse than congress era
Sir/Madam, this is a very common error, don’t worry this will get get resolved once you update your Udhyam Regisreration Card. This error comes for the enterprises which were earlier registered under Udyog Card.
@@bakshiassociates8546 I am using UDYAM registration number itself not aadhaar udyog
Sir if seller send me the poor quality of materials and not taking it back and ask for the money through msme samadan in that case what will i do plz reply.
Do these 3 things -
1) Send them a Debit Note(with GST) and request for a Credit Note from Them
2) Send them a written communication stating that the goods were faulty within 15 days of receiving them.
3) Return the Goods and generate E-way bill for the same.
Sir I am wholesaler of footwear. Factory person give the old stock and bad quality and 1 sales man. But his salesman distribut maximum stock in market but not recover the payment in market then I will pressure to him for market payment.he left the job payment not received in market some retailer return stock for bad quality ...I will say take back ur stock but he don't take . And fill a case on me. What will I do. thanks
How to meet you.....?
Srucked more thn 1cr in market...
I need appointments and location to meet...
@@abackbencher7942 sir, our contact details have been mentioned in the description box, for Appointments you can contact - 9873750515.
@@bakshiassociates8546 ok sir thnx, I am from Bhiwadi,Will meet you asap
Sir if purchase order is through telephonic
In that case you need to upload the affidavit, the draft I have shared in the video.
Bt I hav recording of all regarding purchase and demand for payment and have whatsapp chat
M register under 46 wholesale trader.
@@ankitsharma3186 update your Udhyam Registration, add Nic codes of Manufacturing/Services.
Sir , the site is not taking my case. It says the delay should be more then 6 months
The delay has to be of 45 days not 6 months, kindly recheck this and send me an email in this regard so that I can check the issue
Sir agar invoice par e way bill nahi ho, lekin genuine claim ho, isse accept kiya jayega?
Haan ji, Invoice GST paid hona chahiye, E-way Bill nahin hai toh bhi koi Issue nahin hoga.
@@bakshiassociates8546 Thanks sir 🙏
How to withdraw the case if i received my money?
Sir kya traders msme me case karke payment nikalwa sakte hai kyunki jab main online case daal Raha hu toh traders are not allowed ka error AA Raha hai
Sir, traders can be Manufacturers and Service Providers too. Update your Udyam Adhaar Card and add the NIC codes and activities for Services/Manufacturing, after which you will be able to file your case.
@@bakshiassociates8546 thank you so much sir
Agar buyer ne seller ko settlement amount bhej diya ho fir bhi seller complaint wapas na le to kya karna chaiye sir..
Sir, case infructuous ho jayega agar payment milne ke baad bhi case seller wapas nahin leta. Phir bhi better rehta hai agar aap buyer ke sath ek settlement agreement sign karr lo Iss regards main taaki aage ke liye confusion hatt jaye.
@@bakshiassociates8546 sir me samjh nahi paaya. matlab
@@rohitsinghlife Sir aapki payment Dene ke baad Ayesa consider kiya jayega ki case band ho Gaya hai. Council uss case ko Aage nahin barhayegi.
Sir, if payment was realesed within 15 days then we have to shown it on portal??
Sir, the portal is only for the delayed payment, if the payment is released then you can’t file the case as the payment is made within 45 Days.
@@bakshiassociates8546 After filling the case if payment was relased in next 15 days the time which was given to respondend party then we have to declare it or not on portal?
@@ashishsinghal9349 Yes sir, there is an opinion on the portal to do that.
@@bakshiassociates8546 Thanku sir for giving me your precious time and help me to increase my knowledge.
sir, How much is the arbitrator fee. if the case is referred from MSME. Place:Delhi
In Delhi the cases are referred to DIAC where they follow Schedule 4 of the Arbitration and Conciliation Act.
Sir WhatsApp pe po ka format dijiye pls
sir aap mujhe Email daal di jiye anmol@bakshiandassociates.com par, main aapko reply karr dunga affidavit.
Case file karne ke kitna Paisa lagega
The process of filing the case under MSME Samadhaan is free.
Hi
Hello Sir.
How to call u
Ma’am, the contact numbers to connect with me and my team has been mentioned in the description.
Case disposed why
You may not have submitted the documents before the council with the required fees.
@@bakshiassociates8546 how much is the fee, For ref Place : Delhi
Trader are not allowed for case registration
Hi Sir, if the Trader is involved in any additional activity pertaining to ‘services’ or any ‘manufacturing’, in that case even a ‘Trader’ can file a case under MSME Samadhaan.
Sir please avoid the background sound it's very irritating
Still very long process..... Unfair, very disappointed from the govt rules.....
Agreed that it can be a time taking process but government has been working on making this more effective and efficient, given the vast population that we have, these things initially do take time before coming in full force.
Government chahti Hi nai Ki business sahi sai ho warna otna darama nai karti gst portal sai dono ka data mil jata hai sale purchase ka or baki statement bahut Hai par darma karne ke liye kola huya hai or time pass ke liye msme bhi
Sir. Government ko criticise karna easy hai. Yeh portal kaafi helpful hai. Kaafi MSMEs ko issey help Hui hai. Aap please khud try kijiye phir ho comment ki Jiye. My email ID is anmol@bakshiandassociates.com, main aapki help karr sakun toh aap Mujhe contact karr sakte hai.
Sir what if accidentally input a higher amount than intended when filing the application and later realize that a lower amount is appropriate, can we be able to correct this mistake.
You can correct this mistake when the case is referred to the council after converting to permanent case. Or you can file a fresh case all together with the correct amount, depending on the stage.
Case filed on 1st Feb 24. After 1.5 months, It shows still pending. What should I do?
Kindly contact your Facilitation Council and submit necessary documents and fees so that matter be converted to permanent case.