MSME Award Appeal here we mean and discuss Appeal against the order, decree or Award arising out of the statutory arbitration proceeding under MSME Act. There have been challenges to this provision in courts, where the contentions were raised that this provision is not mandatory and there can be deviation by the Appellate court. Thus, the Supreme Court has made it clear that the provision of section 19 of the MSME Act is mandatory in nature..             
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MSME Complaint Online For Payment – through MSME Samadhan


Author- admin
Date:April 2, 2023

MSME Complaint Online For Payment through MSME Samadhan

Law Article by NB Associates

Introduction

Micro, Small, and Medium Enterprises (MSMEs) are the backbone of the Indian economy. They contribute to the country’s growth, employment, and exports. However, despite their significant role, MSMEs often face payment delays and non-payments from their buyers, which lead to financial difficulties, working capital shortages, and business closures.

To address this issue, the government launched the MSME Samadhan portal in 2016 to provide a quick and efficient platform for MSMEs to file complaints against their buyers and seek redressal.

In this article, we will discuss the MSME Samadhan portal, its features, and how it works. We will also examine the process of filing an online complaint on the portal and the benefits that MSMEs can derive from it. Furthermore, we will analyze the impact of the portal on the MSME sector and the challenges it faces.

Overview of the MSME Samadhan Portal

The MSME Samadhan portal is an online platform launched by the Ministry of Micro, Small, and Medium Enterprises in 2016 to address the issue of delayed payments and non-payments faced by MSMEs.

The portal provides a single-window system for filing and tracking complaints against buyers who have not made payments for goods and services received from MSMEs.

Features of the MSME Samadhan Portal

The MSME Samadhan portal has several features that make it user-friendly and efficient. Some of the key features are:

1. Online Complaint Filing:

MSMEs can file their complaints against their buyers online through the portal. The complaint can be filed by registering on the portal and providing the required details such as the name of the buyer, the amount of the invoice, and the due date for payment.

2. Auto-Generated Notifications:

Once the complaint is filed, the portal sends an auto-generated notification to the buyer, asking them to respond within 15 days. If the buyer fails to respond, the portal sends a reminder after five days.

3. Grievance Redressal Mechanism:

The portal has a grievance redressal mechanism in place to resolve the complaints filed by MSMEs. The redressal mechanism involves conciliation, arbitration, and legal action, depending on the severity of the case.

4. Online Tracking System:

MSMEs can track the status of their complaints online through the portal. The portal provides real-time updates on the progress of the complaint, including the date of filing, the date of response by the buyer, and the date of resolution.

Process of Filing an Online Complaint

The process of filing an online complaint on the MSME Samadhan portal is straightforward. MSMEs can follow the below steps to file a complaint:

Step 1: Visit the MSME Samadhan portal website (https://samadhaan.msme.gov.in/).

Step 2: Click on the “Register” button and provide the required details such as the name of the MSME, Aadhaar number, and contact details.

Step 3: Once registered, click on the “File a Complaint” button and provide the required details such as the name of the buyer, information as to work order, details of the invoice, etc.

Step 4: After filing the complaint, the portal sends an auto-generated notification to the buyer, asking them to respond within 15 days.

Step 5: If the buyer fails to respond, the portal sends a reminder.

Step 6: The portal initiates the grievance redressal mechanism to resolve the complaint. The redressal mechanism involves conciliation, arbitration, and legal action, depending on the severity of the case.

Benefits of Filing Complaints on the MSME Samadhan Portal

Filing complaints on the MSME Samadhan portal can provide several benefits to MSMEs. Some of the key benefits are:

1. Quick Redressal of Complaints:

The MSME Samadhan portal provides a quick and efficient platform for MSMEs to file complaints against their buyers. The portal sends auto-generated notifications to the buyer and provides real-time updates on the progress of the complaint. This helps in expediting the redressal process and resolving the complaint in a timely manner.

2. Legal Protection:

Filing a complaint on the MSME Samadhan portal provides legal protection to MSMEs against non-payments and delayed payments. The portal initiates the grievance redressal mechanism, which includes conciliation, arbitration, and legal action, depending on the severity of the case. This provides a legal recourse to MSMEs and helps in protecting their interests.

3. Improved Cash Flow:

MSMEs often face working capital shortages due to delayed payments and non-payments. Filing a complaint on the MSME Samadhan portal can help in improving the cash flow of the MSME as it expedites the payment process and ensures timely payments.

4. Increased Confidence:

The MSME Samadhan portal provides a platform for MSMEs to raise their grievances and seek redressal. This increases the confidence of MSMEs in dealing with their buyers and promotes a healthy business environment.

5. Cost-effective:

Filing a complaint on the MSME Samadhan portal is cost-effective as it eliminates the need for MSMEs to engage in lengthy legal battles. The portal provides a platform for amicable resolution of disputes, which is cost-effective and time-saving.

Impact of MSME Samadhan Portal on the MSME Sector

The MSME Samadhan portal has had a significant impact on the MSME sector in India. The portal has helped in addressing the issue of delayed payments and non-payments faced by MSMEs and has provided a platform for redressal of grievances. Some of the key impacts of the portal are:

1. Improved Payment Discipline:

The MSME Samadhan portal has helped in improving the payment discipline of buyers towards MSMEs. The fear of legal action and damage to reputation has encouraged buyers to make timely payments and avoid disputes.

2. Increased Confidence:

The MSME Samadhan portal has increased the confidence of MSMEs in dealing with their buyers. The portal has provided a platform for MSMEs to raise their grievances and seek redressal, which has helped in building trust between buyers and sellers.

3. Promoted Business Environment:

The MSME Samadhan portal has promoted a healthy business environment by encouraging timely payments and promoting amicable resolution of disputes. This has helped in creating a conducive environment for the growth of the MSME sector.

Challenges Faced by MSMEs in Filing Complaints on the MSME Samadhan Portal

While the MSME Samadhan portal has provided a platform for MSMEs to file complaints against their buyers, there are several challenges that MSMEs face while filing complaints. Some of the key challenges are:

1. Lack of Awareness:

Many MSMEs are unaware of the MSME Samadhan portal and the benefits it provides. Lack of awareness has led to low utilization of the portal, which has limited its impact. The government and other stakeholders need to undertake awareness campaigns to promote the portal and its benefits among MSMEs.

2. Lengthy Process:

The grievance redressal mechanism initiated by the portal can be a lengthy process, involving conciliation, arbitration, and legal action. This can be time-consuming and can discourage MSMEs from filing complaints. The government should simplify the grievance redressal mechanism and make it more efficient to encourage more MSMEs to file complaints.

3. Limited Outreach:

The MSME Samadhan portal has limited outreach, and many MSMEs in remote areas are unable to access it. This limits the scope of the portal. The government should take steps to increase the outreach of the portal, such as setting up help desks and providing training to MSMEs on how to use the portal.

4. Lack of Information:

MSMEs often face challenges in collecting and submitting the necessary information and documents required to file a complaint on the portal. The government should provide guidelines and training to MSMEs on the information and documents required to file a complaint on the portal.

5. Resistance from Buyers:

Some buyers may resist the filing of complaints on the MSME Samadhan portal and may try to resolve the issue outside the portal. This can discourage MSMEs from using the portal. The government should take strict action against buyers who do not comply with the grievance redressal mechanism initiated by the portal to ensure the effective functioning of the portal.

Conclusion

The MSME Samadhan portal has provided a platform for MSMEs to file complaints against their buyers and seek redressal for delayed payments and non-payments.

The portal has had a significant impact on the MSME sector by improving payment discipline, increasing confidence, and promoting a healthy business environment.

However, there are several challenges that MSMEs face while filing complaints on the portal, such as lack of awareness, lengthy process, limited outreach, lack of information, and resistance from buyers.

The government needs to take steps to address these challenges and promote the effective functioning of the portal to ensure its continued impact on the MSME sector.