Section 12:
Acknowledgment of receipt.
(1) Where the originator has not 1
[stipulated] that the
acknowledgment of receipt of electronic record be given in a particular form or by a particular method, an
acknowledgment may be given by--
(a) any communication by the addressee, automated or otherwise; or
(b) any conduct of the addressee, sufficient to indicate to the originator that the electronic record
has been received.
(2) Where the originator has stipulated that the electronic record shall be binding only on receipt of an
acknowledgment of such electronic record by him, then unless acknowledgment has been so received, the
electronic record shall he deemed to have been never sent by the originator.
(3) Where the originator has not stipulated that the electronic record shall be binding only on receipt
of such acknowledgment, and the acknowledgment has not been received by the originator within the
time specified or agreed or, if no time has been specified or agreed to within a reasonable time, then the
originator may give notice to the addressee stating that no acknowledgment has been received by him and
specifying a reasonable time by which the acknowledgment must be received by him and if no
acknowledgment is received within the aforesaid time limit he may after giving notice to the addressee,
treat the electronic record as though it has never been sent.
Notes:
1. Subs. by s. 10, ibid., for "agreed with the addressee" (w.e.f. 27-10-2009).