Need advice: Paid ₹8.26L advance for machines, no delivery or refund after 3 months

Community Forums Legal Advice India Need advice: Paid ₹8.26L advance for machines, no delivery or refund after 3 months

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      Snehalbear808
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        Snehalbear808
        PARTICIPANT
        May 4, 2026 at 9:01 am
        Hi everyone, looking for guidance on next steps.

        I run a small B2B business. In January 2026, I placed an order with a Gurgaon-based company for 5 machines.

        Key facts:

        * Their representative met us and pushed for advance payment, stating they would also help liquidate/sell 1–2 machines per month
        * Paid ~₹8,26,000 as advance in Jan 2026 (bank transfer). 
        * Order and terms were confirmed over email (no formal signed agreement, no GST invoice issued yet)
        * Understanding was that machines would be stored at their warehouse and dispatched as and when required.
        * However, post-payment, they did not assist in any sales or movement of machines 

        What happened:

        * I eventually closed 5 client deals myself and requested dispatch
        * At that point, vendor stated supply issues and still did not deliver
        * Vendor kept giving timelines (including April commitments), none of which were met
        * I formally requested refund in writing
        * No refund has been processed
        * Recently escalated to their CEO via email + call/WhatsApp, but no response

        Impact:

        * I have already closed client deals assuming supply
        * This has started affecting my business commitments

        Current status:

        * Sent a final email asking for full refund within 48 hours
        * No response so far.

        My questions:

        1. Is this best treated as a civil recovery matter or does it qualify for criminal complaint (cheating/breach of trust) given no delivery + no invoice + no refund?
        2. Should I immediately proceed with a legal notice via lawyer, or wait a few more days?
        3. Is it advisable to file a police complaint at this stage? If yes, should it be in my city (Kolkata) or their location (Gurgaon)?
        4. Any practical advice on maximizing chances of recovery in such situations?

        I have full email trail and payment proof.

        Would appreciate practical guidance from people who’ve dealt with similar cases.

        Thanks in advance.

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