ARBITRATION GUIDELINES FOR MEMBERS FOR CUSTOMERS
1. The member has to fill the form of arbitration which will be provided by the association.
a. Name of the firm with address
b. GST no
c. Constitution of the firm
d. Proprietor Name / Partners Name
e. Brand Name
f. Customer’s name with address
g. Customer’s constitution
h. Type of customer ( Retailer / Distributor / Large format stores)
i. Amount pending
j. Tenure since when the amount is pending
k. Reason for the Dispute
l. Agreement with the customer if any
m. Any of our known members if doing business with them
2. Any member having pending payment from his customer which is minimum of 180 days fromthe date of bill can approach the association for the arbitration
3. Member should provide proper correspondence done for the follow up for the payment (Mail copy / Print out of what’s up messages / Letters sent etc)
4. Ledger copy to be provided with the copies of pending bills with the relevant documents ( LRcopies / E way bill etc)
5. Association to take up the matter with the client if found genuine. The association to send letter & mail with a time limit of 15 days to respond and thereafter 2 more reminders in a time period of 30 days each from the date of first letter
6. If the client is ready to amicably settle then with the consent of the member to settle the dispute in genuine, under associaton banner. The decision of the association abritraton committee will be final and has to abide by both the party (in case of settlement).
7. If the client is not ready to respond or is not ready to amicably settle the issue then to circulate the name in the association members. If any one already doing business then can ask them to mediate.
8. If no member is having existing business with the client then no member shall do new business with them until a NOC is given by the member whose amount is due.
9. Even after informing the members not to do business with the defaulter then the action to be take against the member to be decided.
a. BAMA will not entertain arbitration of the same customer by the member who has done business with him even after default is circulated
b. Membership can be removed in case of consistent violation of this norm by the member (of not doing business with defaulting customer)
c. If business is done before the case is filled with association BAMA will request member to help in arbitraton to settle the issue with other member.
10. Association to take legal opinion and forward to the member to take further action by them
11. Association charges will be either 1% or 15000/- which ever is lower.
12. Bama will affiliate with all other association for Mediate from any of there members , vis versa
13. Defaulter list must contain Firm Name/Sister Concen/ Defaulter Prop or Partner name also
14. Final Decision of BAMA Arbitration Committee in Settling the amount has to be abid by both the party., if BAMA Member doesn’t accept the same., than that bama member will not be considered for Next complaint.
15. Seal of Bama Arbitraion has to be put in all bill of supply
Other types of Arbitration the association can take up other than money recovery from client
1. Supplier . - NO
2. Job worker – only in case of GST Payment dispute.