MSME Samadhan

Introduction

MSME Samadhan Compliance/Case Filing is a specialized service offered to Micro, Small, and Medium Enterprises (MSMEs) aimed at facilitating resolution of delayed payments and disputes with buyers. This service enables MSMEs to seek redressal for overdue payments through the MSME Samadhan portal established by the Government of India. ProMunim’s expert team assists MSMEs in navigating the process of filing complaints and resolving disputes under the MSME Samadhan initiative, ensuring timely payments and protecting the financial interests of MSMEs. With our comprehensive support, MSMEs can effectively address payment delays and enhance their financial stability.

Key benefits:

• Timely Resolution of Payment Disputes:By utilizing the MSME Samadhan platform, MSMEs can expedite the resolution of delayed payments and disputes with buyers. This ensures that outstanding dues are settled promptly, improving cash flow and liquidity for the MSMEs.
• Enhanced Financial Stability:Resolving payment delays helps MSMEs maintain a stable financial position, enabling them to meet their financial obligations, invest in growth initiatives, and sustain business operations without undue strain.
• Protection of MSME Interests:MSME Samadhan Compliance/Delayed Payments Case Filing service empowers MSMEs to assert their rights and seek redressal for overdue payments, thereby safeguarding their financial interests and protecting against potential losses.
• Legal Recourse:Filing cases through the MSME Samadhan portal provides MSMEs with a legal recourse mechanism to address payment disputes. This offers a structured and transparent process for resolving conflicts and seeking appropriate remedies.
• Improved Business Relationships:Efficient resolution of payment disputes fosters positive relationships with buyers and strengthens trust and credibility in business dealings. It encourages fair and ethical business practices, contributing to long-term partnerships and collaborations.
• Compliance with Government Initiatives:By participating in the MSME Samadhan Compliance program, MSMEs demonstrate their commitment to complying with government regulations and initiatives aimed at promoting the welfare and growth of the MSME sector.
• Streamlined Process:Our MSME Samadhan Compliance/Delayed Payments Case Filing service streamlines the process of filing cases and navigating the MSME Samadhan portal. This saves time and resources for MSMEs, allowing them to focus on core business activities.
• Expert Guidance:MSMEs benefit from expert guidance and support throughout the compliance and case filing process. Our experienced team provides personalized assistance, ensuring that MSMEs have the necessary tools and resources to effectively pursue resolution of payment disputes.

Samadhan:

The duration for resolving MSME cases filed through the MSME Samadhan portal can vary depending on various factors such as the complexity of the case, cooperation from involved parties, and the backlog of cases being handled by the authorities. Typically, the resolution process aims to be expedited to ensure timely redressal for MSMEs facing delayed payments. In terms of sections under which cases can be filed, the MSME Samadhan portal allows for complaints to be lodged under Section 15 of the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006. This section specifically addresses the issue of delayed payments to MSMEs by buyers and mandates that payments must be made within a specified timeframe. By filing cases under this section, MSMEs can seek legal recourse and prompt resolution of payment disputes. Upon filing a case under Section 15, the concerned authorities review the details provided by the MSME and the buyer involved. They may also facilitate negotiations between the parties to reach an amicable settlement. Additionally, the authorities have the power to enforce penalties on buyers who fail to adhere to the payment terms mandated by the MSMED Act.

ProMunim of India provides:

The process of MSME belated payment case filing service provided by Promunim involves several steps to ensure efficient and effective resolution of delayed payment disputes. Here's an overview of the process:

• Consultation and Assessment:The process begins with a consultation session where the MSME (Micro, Small, and Medium Enterprise) discusses their delayed payment issue with ProMunim’s expert team. Promunim assesses the details of the delayed payment, including the amount owed, the timeline of the delay, and any relevant documentation.
• Documentation Gathering:The MSME gathers all necessary documentation related to the delayed payment, including invoices, purchase orders, delivery receipts, contracts, and communication records with the buyer. Promunim reviews and verifies the documentation to ensure its accuracy and completeness.
• Case Preparation:Based on the gathered information, Promunim prepares the necessary documentation for filing a case under Section 15 of the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006. This may include drafting a formal complaint outlining the details of the delayed payment, evidence supporting the claim, and relevant legal provisions.
• Filing of Case:Promunim assists the MSME in filing the case through the MSME Samadhan portal established by the Government of India. The case is submitted electronically, and all required information and documentation are uploaded to the portal as per the specified format.
• Follow-up and Communication:Promunim maintains regular communication with the MSME to provide updates on the status of the case. They may also liaise with the authorities responsible for resolving the case and facilitate any additional information or documentation required during the process.
• Negotiation and Settlement:If feasible, Promunim engages in negotiations with the buyer to reach a mutually agreeable settlement for the delayed payment. They represent the interests of the MSME and strive to secure a fair and timely resolution to the dispute.
• Resolution and Closure:Once the case is resolved, Promunim ensures that the MSME receives the overdue payment as per the agreed terms. They provide assistance in closing the case formally through the MSME Samadhan portal and obtaining any necessary documentation for record-keeping purposes.

Throughout the process, Promunim remains dedicated to advocating for the rights and interests of the MSME, providing expert guidance, and facilitating a streamlined resolution of delayed payment disputes. Their goal is to alleviate the financial burden on MSMEs caused by delayed payments and promote a conducive business environment for sustainable growth and development.

Eligibility for filing a case under the MSME Case:

• Micro, Small, and Medium Enterprises (MSME) Status:The entity filing the case must qualify as an MSME as per the criteria defined by the Government of India. These criteria are based on factors such as investment in plant and machinery or equipment and turnover of the enterprise.
• Delayed Payments:The case must involve delayed payments owed to the MSME by a buyer. Delayed payments refer to payments that are not made within the agreed-upon timeframe as per the terms of the contract or agreement between the buyer and the MSME.
• Amount of Overdue Payments:The overdue payment amount must fall within the limits specified under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006. This act defines the maximum duration within which payments must be made to MSMEs and the penalties for delayed payments.
• Nature of Business Activities:The case can involve various business activities conducted by the MSME, such as manufacturing, trading, service provision, or any other commercial activities covered under the MSMED Act.
• Compliance with Legal Requirements:The MSME filing the case must ensure compliance with all legal requirements related to filing a case on the MSME Samadhan portal, including providing accurate and complete information, documentation, and adherence to the procedures specified by the authorities.
• Registration and Documentation:The MSME may need to register on the MSME Samadhan portal and provide necessary documentation, including invoices, purchase orders, delivery receipts, contracts, and communication records with the buyer, to support their case.

Frequently Asked Questions