Problem, solved

Franchisee not paying royalty, fees or supplies

A franchisee who stops paying royalty is still trading on your brand. Every day of default is a day they earn from your name for free. Franchise agreements in India are usually well drafted on this point, with reporting, audit and termination rights, but franchisors hesitate to use them. Here is how to recover the dues without losing the outlet, or while closing it cleanly.

फ्रैंचाइज़ी रॉयल्टी नहीं दे रही? वसूली का तरीका

1,000+
businesses onboarded
₹50 Cr+
invoice value handled
700+
businesses got their money back
60%
of cases settled before court
Short answer

Read the agreement: royalty basis, reporting obligations, audit rights, interest on late payment, cure period, termination and dispute clause. Issue a formal notice of default under the agreement with the computation, invoking audit rights if sales are under-reported. If not cured, a legal notice from an advocate and, if needed, arbitration (most franchise agreements have a clause) or a civil suit. Supplies of products are ordinary trade dues: Section 138 on bounced cheques, MSME Samadhaan if you are a Udyam-registered supplier of goods or services.

The usual shape of a franchisee default

  • Royalty stops while the outlet keeps running under your brand
  • Sales are under-reported so the percentage royalty shrinks
  • Marketing fund contributions are “deferred”
  • Product or consumable supplies from you are taken on credit and not paid
  • The franchisee asks to renegotiate terms while in default

The agreement anticipated all of these. The question is whether you enforce it, and how quickly.

Use the agreement’s own machinery first

  1. Notice of default under the agreement, stating the clause, the amount, the computation and the cure period
  2. Audit. Invoke the audit or inspection right; ask for POS data, GST returns and bank statements as the clause allows. Under-reporting usually surfaces here
  3. Interest. Compute late-payment interest at the contractual rate
  4. Suspension of support where the agreement permits: supplies, marketing, system access
  5. Termination notice if the cure period passes, with the post-termination obligations (de-branding, return of materials) spelled out

Each step should be in writing, by the method the agreement specifies, and copied to the franchisee’s guarantor if there is one.

The legal notice and arbitration

When the contractual notices are ignored, FundRaksha’s advocate sends a legal notice within 24 hours, consolidating royalty, fees, interest and supply dues, invoking the guarantee, and giving the final period before the dispute clause is triggered. India's No.1 B2B payment recovery company, trusted by 1,000+ businesses. Most franchise agreements provide for arbitration, often seated at the franchisor’s city; the claim is filed there and the award is enforced like a decree. Interim relief to stop the franchisee using the brand while in default may be available. Where there is no clause, a summary suit on the agreement for the liquidated dues.

Supplies are trade dues with their own remedies

If you supply products or consumables to the franchisee, those invoices are a sale of goods separate from royalty. Bounced cheques for supplies go under Section 138 with its strict 30-day notice window; see cheque bounced, what to do. If your company is a Udyam-registered micro or small enterprise, the MSMED Act’s 45-day limit and interest at three times the bank rate apply to those supplies, and MSME Samadhaan is available; see MSME Samadhaan filing. Running both tracks together is common. See also the education services industry page and the hospitality suppliers industry page, where franchising is widespread.

Keep the outlet or close it: both are recoveries

A franchisee who is behind but viable often pays once the audit and notice make clear the alternative is termination and arbitration; the outlet continues under tightened reporting. A franchisee who is not viable is terminated, de-branded, and pursued for the dues and any post-termination breaches. An advocate who understands franchising will help you decide which. Book a free consultation; FundRaksha will review the agreement and the account and recommend the route.

Last reviewed: 2026-10-08. Information for Indian businesses; not legal advice.

Free, no obligation

Free consultation and case assessment

मुफ़्त सलाह, कोई शुल्क नहीं

Talk to a FundRaksha recovery expert for free. In one call we assess your unpaid invoices and tell you honestly what can be recovered, how, and in roughly how long. No fee for the call, no obligation, and no upfront cost if you go ahead: our fee is a percentage of what we actually recover.

  • A review of your invoices, purchase orders, delivery proof and the buyer’s replies
  • An honest assessment of recovery chances and the right route: reminders, legal notice, MSME Samadhaan, Section 138 or a civil suit
  • A realistic timeline and the exact cost: nothing upfront, a success fee only on recovery
  • A dedicated advocate assigned within 24 hours if you decide to proceed
Keep these ready
  • The unpaid invoice(s) and payment terms
  • Purchase order, delivery challan, e-way bill or proof of service
  • Messages, emails or letters about the payment
  • For a bounced cheque: the cheque and the bank return memo

No recovery, no fee. Court fees, if any, are borne by the client and told upfront.

FAQ

Questions, answered

A commercial request you can consider, in writing, for a defined period, conditional on current dues being paid and reporting being complete. Not a defence to the amounts already due.

This page is general information for Indian businesses, not legal advice for your specific case. Laws, rates and procedures change; speak to an advocate before acting. FundRaksha LegalTech Pvt Ltd is a technology company; legal work is carried out by enrolled advocates.