I had planned to start a packaged drinking water plant in Bhubaneswar,Odisha in 2011 and for that I had paid a token advance amount of Rs 1,00,000 (Rupees One Lakh) to Shivsu Canadian Clear International Ltd. vide draft no.886527 Dt 29/11/2011 towards procurement of the corresponding machinery. But later I was not able to proceed with establishing the plant due to the below reasons : 1. As per the lower market demand, tough competition and changing market situations for packaged drinking water industry, the bank did not agree to provide me loan because they felt this would not be a viable project in terms of profitability. 2. I developed health problems during August, 2012 and subsequently my doctor advised me not to engage in any strenuous, engaging and heavy duty work. So during October,2012,I finally decided to cancel the project as it was not possible for me to go ahead with the project with the above mentioned constraints. Then I sent a request letter via Regd. post with AD to Shivsu Canadian Clear International Ltd. on 15/11/2012 for refund of my token advance amount of Rs 1,00,000 as I had already cancelled the order because of cancellation of my project. (The copy of the letter is attached for your reference). But they did not accept my request letter and instead returned it back to me. After that I sent emails many times to the concerned person(s) of Shivsu Canadian Ltd. regarding refund of my token advance amount. But I did not even receive a single response back from the company. It is almost 9 months since I have been following up with the Shivsu Canadian Clear International Ltd. for refund of my token advance amount. But I have not got any response from them so far. The company authorities were contacting me literally everyday when my project plan was on and they were trying to sell their product. But once they came to know that my project plan has been cancelled and I was not going to procure machinery from them, they just stopped responding to me and worse they didnot bother to respond even once. Then without having any other option I sent a lawyer notice to the company in the hope of receiving any response through a local advocate on Dt 11/03/2013. And after more than 4 months i.e. on 25/07/2013 my advocate received a response from their lawyer. And in the response it is mentioned that “At the time of receipt of the same your clients were appraised about the condition of forfeiture of advance amount in the event of cancellation” which is a complete false statement. The comapany authorities had never mentioned during the receipt of the advance amount or during the negotiation that the amount would be forfeited in the event of cancellation of order. This is clear case of cheating by a company to a consumer. I request you to please intervene in this matter and do the needful to help protect your fellow citizen from being cheated by a company. There is no provision here to attach supporting d
I want my advance amount of Rs 1,00,000 back as I did not purchase the goods and the order was cancelled.
Complainant Information
name- jaya513