Your rights as an MSME supplier
| Right | What it means for you |
|---|---|
| Section 15, MSMED Act | The buyer must pay by the agreed date, never later than 45 days from acceptance; with no written agreement, within 15 days |
| Section 16 | Compound interest with monthly rests at three times the RBI bank rate on the delayed amount |
| Section 18 | Reference to the Delhi Micro and Small Enterprises Facilitation Council: conciliation, then arbitration, aiming to decide within 90 days |
| Section 43B(h), Income-tax Act | The buyer loses the tax deduction for the year if it pays you late |
| Section 22, MSMED Act | Companies must disclose unpaid MSME dues in their accounts |
Register on Udyam before you supply, not after the dispute. Courts have held that the benefits apply to supplies made after registration. Traders are generally outside the delayed-payment provisions.
Recovering B2B dues in Delhi: what is specific here
Delhi’s wholesale markets in Chandni Chowk, Gandhi Nagar, Okhla and Bawana run on long informal credit, and a large share of suppliers also sell to government departments and PSUs where payments stall in paperwork. Delhi’s dedicated Section 138 courts move faster than most, and MSME Samadhaan applies fully to government buyers.
Main industries: garments and exports, electronics and electricals trading, auto components, printing and packaging and government and PSU supply.
Courts: Metropolitan Magistrate courts at Tis Hazari, Patiala House, Saket, Karkardooma, Rohini, Dwarka and Rouse Avenue for Section 138; District Commercial Courts for recovery suits; the Delhi High Court for high-value matters.
MSME claims: Udyam-registered micro and small suppliers in Delhi file on MSME Samadhaan, heard by the Delhi Micro and Small Enterprises Facilitation Council (Office of the Commissioner of Industries, Government of NCT of Delhi). The Council sits where the supplier is, so a Delhi supplier can pursue a buyer in another state from home.
How FundRaksha files MSME Samadhaan for you
- We check your Udyam status, the supply dates and the acceptance to confirm eligibility.
- Your advocate sends a legal notice citing Sections 15 and 16, with the interest computed to date.
- If the buyer does not settle, we file the application on samadhaan.msme.gov.in with the invoices, proof of delivery and the ledger.
- The Delhi Micro and Small Enterprises Facilitation Council calls both sides for conciliation; if that fails, it arbitrates and passes an award.
- The award is enforced like a decree; a buyer who appeals must deposit 75% of the amount first.