These are some of the complicated scenarios where Bithra, Escrowmybits or any other online escrow services doesn't help much rather than keeping it on their escrow address nearly a year before having it fully under their custody.
That's why a human mediated escrow service is two times better since they will be able to come to a conclusion based on the number of proofs presented by a party and his own intellectual judgement.
Next time don't make any mistakes in choosing an escrow service.