Hello to all the members. This is my first post on this forum and i expect to receive few suggestion and advice from members of this forum.
I am writing for your advice or suggestion to me on an urgent matter related to Cyber law and e-commerce/e-contract. I am from Italy and I am a permanent resident of Italy.
Here is my problem/issue:
I had a web-design project and I posted it on an website for freelancers. I got an designer but we decided to deal independently out of that website. Now I am facing few problems with developer and he is in New Delhi, India.
1.) He sent me an contract document where he listed terms etc. But there is no name of company on contract because he is a freelancer. There was no digital signature on contract.
2.) He sent me invoice in which it was mentioned that I will pay him in 3 milestones and 1st will be advance payment.
3.) After we started he continuously delaying giving any reasons and keep on saying that i will deliver you tomorrow or day after that and so on
4.) I sent him an email stating that I will take legal action because he is not doing work according to agreement and keep delaying the date.
5.) Now he sent me an email saying that He can not work like this and he has been threatened by me because I sent him email stating that if he will not deliver me project I will take action.
6.) Now he has refused to work for me and said that he is leaving.
7.) He said that he spent my money on material he bought for my project and I take that material from him but he can not pay money as such. He said that he paid some other developers he took advice and help from.
This is the present situation:
1.) I have already sent him first milestone payment which was 1/3rd of total amount through PAYPAL.
2.) I had to cancel my flight and hotel booking because I had to go to my partner to show him design but designer did not deliver me website and I had to cancel my booking in hotel and flight tickets.
3.) I incurred loss due to delays and canceled bookings and i have lost a lot of my time and my reputation.
4.) He said that he spent my money on material he bought for my project and I take that material from him but he can not pay money as such. He said that he paid some other developers he took advice and help from.
I want to know these:
-) Can we take legal action on him for taking advance money and not doing work?
-) Can we sue him for damaging my reputation and trust in front of my partners?
-) Can we sue him to pay money back and also looses I incurred because of him and also damage to my reputation?
-) Can we sue him due to breach of contract?
These are points to be noted:
- I paid him 1/3rd payment.
- I paid through paypal.
- There is no digital signature on contract.
- I have residency of Italy and I am resident of Italy.
- I have all the email conversation with me.
- He is an Indian resident.
- Does International laws cover this.
I hope to receive your response.
Thanks for your consideration
H.S.A
