Hi, I am media professional in Mumbai. I was hired to do a post production (editing) work for an episode. We agreed for X amount. The episode was divided into 3 segments of 15 minutes, 5 minutes and 3 minutes. We edited first segment and then were working on the 2nd segment which was 80 % complete. Then at the pretext of doing some graphics work on the episode the client gave the project to someone else. We are not working on the project anymore. Later client said that she was not happy with the work while the work was approved by the creative director of the client. Now the client is not wiling to pay the money. I was paid 25% of the amount at the start and they want to settle the matter with another 10% amount. I spent the 75% amount from my pocket towards the project and I just want that money not full amount. Important Points: it was a freelance work. No contract was made. I just have sms from the client regarding agreed amount. Its a creative field so anybody can say s/he didn't like the work. I want to know if my case has any legal standing ? What should I do ?
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1) there is no contract executed in writing wherein it was agreed that you would be paid X amount for doing post production ediditing
2)you dont have any emails wherein clieint agreed to pay you x amount
3) issue legal notice to client to pay you x amount as agreed by sms
4) dont take any legal proceedings to recover the x amount
5) amicable settlment is best option
Dear Sir/Madam, you don't worry you have a legal contract through mobile phone SMS, this is admissible in law under Information Technology Act, 2000 and 2008. You have to issue a legal notice, if not settled you have to file civil suit for recovery of money before jurisdiction Civil court.
Dear Concerned,
Yes, Having an SMS on agreement of Fee Subject to the details are mentioned in the SMS will suffice the purpose. If the 25% money has been received by you through cheque or online it would help too .
You should file a case of cheating and simultaneously Recovery for this money.
Best of Luck
Legally you canot claim any compensation or even loss from her for the work done which has no evidence for a legal binding.
For the purpose of creating a record i.e., establishing a relationship between you and her in the form of the said business contact or contract, you may issue a legal notice stating that she owes you so much money as per the oral contract for the task assigned to you and the work so far completed by you.
You can vaguely mention that you have SMS and other records to prove the contract between you both in the court of law, hence she cannot escape the legal liability.
A notice of this type will provoke her to give a reply denying the amount or even the completed assignment or task entrusted to you. This way the relationship would be established after which you can file a money recovery suit which will have a base for your claim.
consult a local advocate on further issues.
Thank you for the response. I have following to establish that I was working on the project. - sms of agreeing on amount. -check issued by her in my name. -Edited footage of the episode. My main concern is that if I go for a legal proceedings then how much weight my case will have. Based on my last meeting with the client. She is trying to make following points - 1. I did not complete the work in given time. (initially there was no time bound contract and I was not told to complete the work within a time period) 2. Your work is not as I thought it would be. ( Its a very subjective thing to say because same film cannot be liked by all the people. Moreover editing was done in consultation with the creative director and he was aware how the episode is shaping.) What are my chances with these arguments ?
1) time was not the essence of contract . so client cannot raise grievance in this regard
2) send email to client that you agreed to do post production editing for x amount and was duly agreed by the client and 25 %advance was paid to you
.
3)that you had completed work on first segment and then were working on the 2nd segment which was 80 % complete when work of editing was awarded to third party and no further payment released to you
4) request client to release payment to you
5)your chances of recovery of money are bleak in absence of written contract
Dear Sir/Madam, regarding complete the work in time, if any agreed terms in this regard? if yes, you go through this. Secondly, she/he can give any instructions/thoughts/theme? if yes, you can reach that thoughts/theme/instructions, if not he/she should be prove for the same against you.
1.Your guesses of argument that are likely to be put by her in the event of you taking up this matter legally, is just nothing but your wild imaginations.
First of all file a case as is required by law for getting the relief.
Without filing a case or even initiating any legal course of action why do you want to jump into such conclusions that she may try to defend herself with the contents what you have mentioned in your question.
2. You should not be bothered about what she may claim during trial proceedings before the court, let she come out with her own story, you can plan own strategies to confront them also accordingly. Without having agreed for entrusting the job and having acknowledged the work/task so far completed by you, she is not a mentally affected person to issue you a cheque without any reason.
You can challenge her during trial proceedings as and when an event/ challenge arises.
Discus with your advocate at length before initiating any action.