Section 105D: Factors to be taken into account by the adjudicating officer.
1[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.]
1. Subs. by s. 90, ibid., for sections 105B and 105C (w.e.f. 26-12-2014).
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