British Virgin Islands company Allerca Inc., also known as Lifestyle Pets Inc., is sued by a man called Andrew Reale for breach of contract, consumer fraud and intentional misrepresentation. By words of this man, on September 11, 2007 he ordered one of hypoallergenic cats which are produced by this BVI company, and has paid extra for expedite delivery. However, after two years the cat has been not delivered yet.
In the complaint filed in Superior Court in Somerset County, Reale claims he paid $7,900 for one of the cats, including extra $1,950, and expected to receive the cat after eight months. After receiving the payment, company officials changed the date of delivery several times, and in February 2009 they informed the plaintiff that the kitten would be delivered “as soon as possible.” Up to this date, Reale has not received a hypoallergenic kitten from defendants. Reale has demanded a refund on several occasions, but the BVI company refused to pay.
Allerca is a BVI company currently located in Las Vegas; it was formerly registered in California and located in San Diego. It is focused on breeding the unique hypoallergenic cats that produce a different version of glycoprotein, which is not allergic for humans. They started with producing these cats in 2006.
Company founder Simon Brodie, who has since sold his share of the business, but remains a consultant, would not comment on this litigation, but noted that in 2007 the standard delivery time was more than two years. Now the company which is expected to be under new ownership this month is trying to reduce the delivery time down to a year or less.
It became known that BVI company’s attorneys will file a response and a counter-claim against Reale. The company is going not to deliver the cat until the legal situation is finally resolved.