Contractor not clearing due amount since 10 months
I run a renewable energy startup company in Bhopal City. Jun-Aug last year, I supplied solar street lights to a subcontractor (Arika Construction and Solution) for a Sagar Smart City project and he is not willing to pay the due amount of approx Rs 11.3 lacs to me.
As per the tender document, the requirement of a smart city was a 36W solar street light with 6 meters octagonal pole. They ordered me to increase the LED power from 36W to 45W which results in lower battery backup. I informed them several times that an increase in LED power may cause problems in cloudy weather conditions and you should stick to the requirement as per tender, however, they ignored it.
During cloudy weather conditions, lights were not able to perform well due to an increase in LED power and higher vegetation level on the site, they started blaming us that we have delivered substandard material, whereas we have delivered standard quality products. We also requested them to get these lights tested by any Solar Engineer and in any lab under standard test conditions, however, they didn't.
In Fab 2022, I came to know that smart city has made the payment to the main contractor so I reached out to my subcontractor and requested him to clear my due payment and he denies that no payment has been by the smart city for the light and pole you have received the wrong information. To verify this payment information, I applied for RTI and got the final bill of that project which proves that all the payments have been cleared by the smart city and the subcontractor was lying all the time because he doesn't want to make any payment to us. He also deceived me with the fake promise of a PDC cheque, he wrote a PDC cheque in the favor of my company and said I'll send you a PDC cheque but he didn't, he only sent me a photo of the PDC cheque. I have all the documents such as the agreement, invoices, cheque photos, site video, and conversation to support my statement and fight against the subcontractor.
I am planning to take legal action against my subcontractor but don’t know where to go and what to do. Going to a court will take several years and a lot of money which I don't have, as a startup I neither have resources nor the money. I have applied for a payment recovery case on MSME Samadhaan and I received very painful information that their cases are running late by 2 years and my first hearing will take min 2 years to come.
I request you all to support me in this battle and guide me to the right path, I will appreciate your help.
Thank you