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 West Bengal 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 Siliguri: what is specific here
Siliguri is the distribution corridor for north Bengal, Sikkim and the North-East, so its distributors and transporters carry stock and freight dues for brands and traders over long distances. Remote, digital follow-up and legal notices suit this market, with West Bengal’s Council handling MSME claims.
Main industries: tea trading, FMCG and pharma distribution for north Bengal and the North-East, timber and plywood, logistics and tourism.
Courts: Judicial Magistrate courts, Siliguri, for Section 138; District Court, Darjeeling at Siliguri, and its Commercial Court for recovery suits.
MSME claims: Udyam-registered micro and small suppliers in Siliguri file on MSME Samadhaan, heard by the West Bengal Micro and Small Enterprises Facilitation Council (Directorate of MSME, Government of West Bengal, Kolkata). The Council sits where the supplier is, so a Siliguri 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 West Bengal 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.