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in Contracts Law Civil Law
Asked September 15, 2017

Delay in delivery of product

  • 1 Answer

I have purchased 2 items from US e commerce website before purchasing it I had asked lots of query to them. Afterwards I made a payment and then they delivered one item and other is still pending since 15 days and then just wrote and email that if they did not respond then I have to take some serious step against them and they reply that they said that I have given threats to them and they will take legal action against me. So please guide can they take any legal action against me.

Answer 1

In simple words, a threat is declaring someone about your intentions to either cause harm or loss to another person or property. It is made an offence of criminal intimidation under the Indian Penal Code 1860 (IPC). Section 503 of IPC defines criminal intimidation as a threat to cause injury to another person or to his property or reputation made with the intention to cause alarm to the person threatened or to cause that person to do an act which he is not legally bound to do or to omit to do an act which he is legally bound to do. The Supreme Court in the case of Manik Taneja v. State of Karnataka & Ors ( 20015 (4) SCC 423 )has held that mere expression of any word even though it is abusive or threatening but is made without any intention to cause any alarm would not make a case of criminal intimidation/ threat. In the present case, sending an email to ask for delivery of a product on time does not fall under criminal intimidation. Informing the other party that some serious steps would be taken (which could also mean any legal action against them such as for breach of contract) then also a case of criminal intimidation is not made because there is no intention to cause alarm to that person. There are no valid grounds on which any offence of threat can be made out.

By - Neha Agarwal 

Agree Comment 0 Agrees over 3 years ago

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