For receipt of export payments , the following shall be taken into account:
Realisation and Repatriation of export proceedsIt is obligatory on the part of the exporter to realise and repatriate the full value of goods or software to India within a stipulated period from the date of export, as under
(i) By Units in Special Economic Zones (SEZs): No specific time period has
(ii) By Status Holder Exporters as defined in the Foreign Trade Policy : Within
a period of twelve months from the date of export;
(iii) By 100 % Export Oriented Units (EOUs) and units set up under Electronic
Hardware Technology Parks (EHTPs), Software Technology Parks (STPs)
and Biotechnology Parks (BTPs) schemes : Within a period of twelve
months from the date of export on or after September 1, 2004;
(iv) Goods exported to a warehouse established outside India : As soon as it is
realised and in any case within fifteen months from the date of shipment o
(v) In all other cases: With effect from June 3, 2008, this period of realization
and repatriation to India has been enhanced to twelve months from the
date of export till September 30, 2011.
As per RBI recent master circular July 2011,
Time limit for normal imports
(i) In terms of the extant regulations, remittances against imports should be completed not later than six months from the date of shipment, except in cases where amounts are withheld towards guarantee of performance, etc.
(ii) AD Category – I banks may permit settlement of import dues delayed due to disputes, financial difficulties, etc. Interest in respect of delayed payments, usance bills or overdue interest for a period of less than three years from the date of shipment may be permitted in terms of the directions in para C.2 of Part III below.
Since the importer has not fulfilled his obligation , you can file a complaint agaist the Importer under the above FEMA provisions to your regional RBI and they will take appropriate steps under FEMA also.