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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SSnehalbear808
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May 4, 2026 at 9:01 amHi 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 machinesWhat 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 responseImpact:
* I have already closed client deals assuming supply
* This has started affecting my business commitmentsCurrent 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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