• Information Technology Act 2000 - acknowledgement of receipt of the electronic record

The SEBI's regulations as regards the digital contract note which is sent by a stock broker to the investor is based on the IT Act,2000. A reading of the Section 12 of IT Act,2000 gives an impression that the acknowledgement of the electronic record, in this case the digital contract note is a must. However, the SEBI law talks about disputing the digital contract within a reasonable time, not acceptance of the digital contract note within reasonable time. So, it is highly confusing how to match the IT Act 2000 with Digital Contract Note story between a stock broker and investor. Where IT Act, 2000 talks in positive (the electronic record to be accepted in reasonable time), the SEBI law talks in negative (it should be disputed in reasonable time). Although SEBI does not say if non-disputation is deemed acceptance of the digital contract note, but many self-professed jurists in NSE arbitration panel thinks so. My question is, keeping IT Act,2000 in view; If No Dispute is raised against the Digital Contract, does this mean acceptance of the digital contract ? What is the Reasonable Time in Section 12, IT Act, 2000 ? By saying Reasonable Time, if the law makers left it to the whims and fancies of the judges to decide ?
Asked 7 years ago in Civil Law

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8 Answers

You should understand that it is a "Digital Contract", which is nothing but a "Contract" in the first place. So, The Limitation Act, 1963, will be applicable unless and otherwise overridden.

As per Limitation Act, the limitation is 3 years. But having said that, the court will not allow you to sleep for 3 years and come and raise a dispute on the last day. By saying reasonable time, it means that you raise a dispute as early as possible, but the maximum time limit is 3 years. After this 3 years, your petition will not be entertained. Within 3 years, you can raise a dispute, provided you give valid reason for the delay.

Say you raise a dispute after 2 months, the court might ask as to why the delay of 2 months when you had received the mail earlier. You can justify this delay and say that you were abroad etc. or that you tried to resolve it with the agent for which you can show some mail exchanges etc. then it becomes a reasonable ground for condonation of delay.

I agree that Indian Laws (for that matter every other country laws) are not fool proof. But these simple things as far as limitation is conscerned are definitely taken care of.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

If you if you do not dispute the contract note it is deemed to be accepted by you 

 

2) reasonable time is not clarified  in section 12 IT act 

Ajay Sethi
Advocate, Mumbai
99976 Answers
8159 Consultations

Please go through Sec.10 A which will prevail all other rules. Don't confuse with the time limit, simplicity in this is that if the contract is specific and is not against the contract law then if no objections raised then it has been accepted. 

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

A notice / reminder can  be given to the SEBi regarding acknowledgement citing that if no acknowledgement or disute is given then under SEBI law you shall understand that it accepted as not disputed. Sir reasonable time in each case has to be seen on merits it depends on facts and circumstances of the case not whims and fancies. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See it is left for the interpretations and same in your case can be deduced from time of contract. As to confirm reasonable time you can always seek acknowledgement by giving an reminder.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You have to dispute contract notes within reasonable time and it cannot be disputed after considerable length of time 

Ajay Sethi
Advocate, Mumbai
99976 Answers
8159 Consultations

They usually put it on their website available for download. You might have to search for the same.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

Yes.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

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