1) breeder cannot deliver puppy due to reasons beyond his control 

2) you should extend time for delivery of puppy 

3) it does not make sense in going to court to recover Rs 17k as legal fees would be more than money sought to be recovered 

1. Does the breeder even have license and is registered? Rule 4 of the Dog Breeding and Marketing Rules (2017), mandates that all breeders must obtain licenses.

2. Is puppy 2 months old? Under the above rules, puppies have to be a minimum eight weeks of age before being sold or even transported.

3. Is it a breed which is not banned in India?

4. If breeder is meeting the above conditions then only he can sell the puppy.

5. Delhi HC has already held that Covid-19 is the nature of Force Majeure. So at this stage the breeder cannot be held liable for the delay as there is lockdown. You have to wait.

Send him a legal notice, 

If he still doesn't pay any heed towards your notice than file a police complaint against him. 

There is option of civil suit for money recovery but for 17k , money recovery suit will not be profitable deal

You can take legal action only when the breeder/seller is not supplying the puppy or cheating you after receiving the money.

Since you agreed to buy the puppy, you have paid the money.

The current pandemic crisis cannot be cited as a reason to cancel the purchase especially when the seller is unable to deliver the same to you due to restrictions all over the country.

No legal action would be maintainable if the seller is refusing to return the money because it is your own decision to cancel the purchase. 

Even if you try to take any legal action on this by a misguidance of someone you will be left with no fruitful result  despite spending double or more than that of the amount already spent by you for this purchase.

Hence better wait for the relaxation of the lock down and decide about it. 

You are at liberty to cancel the deal and seek refund 

If you cancel and seek refund then he will not refund it. If you go to court seeking refund of 17k amount then your litigation cost will be more than this.

YES , YOU CAN CANCEL THE DEAL AND ASK FOR REFUND 

Puppy will grow. Product will not be of same physic which u ordered. Entitle for refund. Send legal notice for full refund. 

First check whether there was an agreement ( even if orally) on refund in the event of cancellation of the order. 

If there was no such agreement or both of you were silent on this then I regret you may not get refund or whole of it.

You can contact the seller and request him to cancel the deal explaining your decision to cancel the purchase for the reasons that you may convince the seller and seek for refund, but legally you cannot put pressure on him 

1. Firstly check whether the breeder is licensed breeder or not if not make a complaint before the state authority that person is involved in illegal breeding though that will not help in your refund.

2. Secondly written agreement or oral terms and conditions are decided or not including that of refund if not give legal notice to cancel deal and seek refund though going before court for issue may not be a good option.

3. See this pandemic situation is out of control situation for him also, he cannot be held accountable in such circumstances as he is not denying delivery of puppy also there is no cheating.

See based on the mutual understanding you may cancel and seek refund though in case he denies you may go before court for refund though that will be expensive and time.consuming litigation.

Yes you can. You need to send him w legal notice and file a suit to recover the amount

He should refund it if he is not able to provide the puppy to you. If he gives you another puppy then take it if it is of 90 days.

If you are not interested then give him a legal notice and ask him to refund else file a suit for recovery of money.

- As you have paid the amount through Google pay , hence legally you are having the proof of payment .

- According to Section 36(2 of the Sale of Goods Act,  where under the contract of sale , the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time.

- But, when the time was already fixed , and If the seller fails to do so, he will be guilty of breach.

- Hence, legally the breeder is bound to refund the amount.

- Send a demand notice for the refund of amount paid , after mentioning that due to delay you have cancelled the purchase. 

- If, no response, then file a suit for recovery. 

Yes you may as your end of the nargain was not fulfilled. But there is a problem. He couldn't get it for you and that is a genuine reason. Hence wait for it if you are still interested.

You can orally request the breeder to cancel the deal as you wanted a puppy of say a few months but now with the current scenario it looks like the puppy delivered will not be of a few months, hence you are not being offered what you were told to.

If the breeder agrees then good otherwise you can request for non delivery of the puppy and a refund of the advance being 50% of the amount paid by you.

You surely can cancel and take your money back from them along with an interest for deficiency in services.

since the delivery was affected due to unavoidable circumstances, therefore, either you can take the 90 days old puppy or ask the breeder to make some alternate,

try to settle the matter amicably and in case, doesn't settle,

1. you can serve him a legal notice through a lawyer to make payment of the outstanding amount along with the interest,
2. if payment is not made despite service of the legal notice, you can file a civil suit for the recovery of the amount,
3. chat, call records, WhatsApp record, if available & relevant, can prove your case and are admissible as an evidence

Respected sir...

If you want to cancel such kind of deal then you can simply convince him that I don't want such puppy you can give him any family reason deal will be cancelled ..and if he denies the you can sent him legal notice....hope there will not be any contract between you both...so it will be quy easy to take your money...

Thank you

If you have paid already 17K kindly check whether google pay refund the amount for by mistakenly transferred after so many days.

If Google pay are ready to refund the amount kindly cancel the transactions.

First check & confirm that, whether the Breeder is holding license, your case will be hit by Dog Breeding & Marketing Rules.

Due to on going pandemic there is no default on part of breeder i.e., for reasons beyond his control.

You can wait and extend time to take the puppy, if you made up your mind to cancel the order, it does not make sense to take legal route for refund.   

You may have to incur court fee, advocate fee & miscellaneous expenditure apart from loss of time to recover a sum of Rs.17,000/-.  

Further repose to your query:

Yes you may issue notice to him for refund of money by cancelling the order placed by you. 

If he is not licensed breeder, you can push him from that point of view also (threatening him with lodging criminal case, doing business without license).

Preferably take help of local Advocate if you decide to issue notice to him.

Dear Sir,

You are suggested to serve him a legal notice intimating cancellation of order and ask for the refund. 

1. Yes you can cancel the deal and ask him to refund your money. 

2. If he refuse to pay the money then send him a legal notice through your advocate and file recovery suit.