Legal Question in Technology Law in India

I am working as a freelancer in Freelancer.in and I recently won a contest titled �Compile a Spreadsheet with Contact List� a few days back. The contest was for 200$ but I was paid just 100$ as there were lesser entries than what she estimated.

When I contacted Freelancer regarding this, an investigation was carried out and one of higher official,also the Subject Matter Expert, replied that I am entitled to the full amount and payment for a project or contest does not depend upon the number of entries. Believing these words, I went for Dispute Resolution Service,a service offered by Freelancer.in to solve disputes, and registered a complaint for getting the full payment. I won the first dispute since the employer did not respond within the 7 days allotted time. Although it is said in the rules that dispute verdicts are final and abiding, they cancelled the first dispute to give way for a fair chance to the employer. When I challenged this decision, they did not respond back until a week by which time the second dispute was almost at its end. They said a fair decision will be taken in the second dispute but did not give me any reason as to why the first dispute was cancelled.

I lost the second dispute but the reasons given for the verdict is entirely wrong. The first reason was completely opposite to what the Subject Matter Expert gave to me and the second reason arose out of a technical mistake. When I contacted Freelancer and provided them proofs for my statements, they completely accepted it but is unwilling to hold a fresh dispute since dispute verdicts are final and abiding.

Freelancer is entitled to 10% commission of every project payment and they took 20$(10% of 200$), and still made a verdict against me.

I want to know whether I can take any legal proceedings against them as they cheated me many times in this project. Actually this is just a small summary,there are many instances in this project where they acted against the rules.Some of them are:

(i) They converted the 'contest' to a 'project' without mutual consent although mutual consent is needed to change any terms of a project or contest.

(ii) They cancelled the first dispute without any valid reasons. The employer did not respond out of her carelessness as both me and Freelancer.in had messaged her about the dispute. I have full proof of this.

(iii) They used a technical mistake against me to rule the verdict against me.

(iv) Although a higher official in Freelancer had replied to my query that I was entitled to the full payment and payment does not depend upon the entries, they made a opposite stand in the dispute and used it as the first reason to rule the verdict against my favor.


Asked on 2/15/14, 12:24 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

15.02.2014

Dear Sir / Madam,

As a freelancer, you should be content with the monies that you have already got. For all you know, you may end up spending more than 100$ from your own pocket, in trying to resolve endless disputes to compel the contest organizers to pay you the balance 100$.

Regards,

Read more
Answered on 2/15/14, 3:09 am


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