DIR-3 KYC and Compliance Service Provider

Giridhar Narasimhamurthy (M.D) (28 Points)

05 June 2021  
My company - a private limited - availed "annual compliance package for private limited" from a company called MyOnlineCA Technologies Pvt Ltd or myonlineca.com. A week back we came to know that the DIN was deactivated due to incomplete KYC. We contacted MyOnlineCA about this and they say that DIR-3 KYC is not part of " a companies annual compliance" but is an "individual's compliance" and therefore it is not their responsibility. They also claim that it is not "explicitly mentioned in their service proposal" and therefore it is not covered. We claim that it is part of the annual compliance of a company since it is mentioned in the Company Rules of the Companies Act and is therefore not different from something like AOC-4 filing. We claim therefore that its coverage is implicit. Is our claim that DIR-3 KYC is part of companies "annual compliance" right and correct ? If our claim is right, what legal recourse do we have to get compensated where the only compensation we seek is that MyOnlinceCA performs the KYC at their cost.