105D. Factors to be taken into account by the adjudicating officer
105D. Factors to be taken into account by the adjudicating officer.—While recommending the quantum of penalty under section 105C, the adjudicating officer and while imposing such penalty, the Authority shall have due regard to the following factors, namely: —
(a)
the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default;
(b)
the amount of loss caused to the policyholders as a result of the default; and
(c)
the repetitive nature of default.
Amendment notes (1)
- Subs w.e.f. 26-12-2014 . Subs. by s. 90, ibid., for sections 105B and 105C (w.e.f. 26-12-2014).