Section 25   [ View Judgements ]

Power of Reserve Bank to impose penalty


(1) Notwithstanding anything contained in section 23, if a contravention or default of the nature referred to in sub section (2) of section 22 or sub section (2) or sub section (3) or sub section (4) of section 23, as the case may be, is made by a credit information company or a credit institution then, the Reserve Bank may impose on such credit information company or credit institution:-



(i) where the contravention is of the nature referred to in sub section (2) of section 22, a penalty not exceeding one lakh rupees;



(ii) where the contravention is of the nature referred to in sub section (2) or sub section (3) of section 23, a penalty not exceeding one crore;



(iii) where the contravention is of the nature referred to in sub section (4) of section 23, a penalty not exceeding one lakh rupees and where such contravention or default is continuing one, a further penalty which may extend to five thousand rupees for every day, after the first, during which the contravention or default continues.



(2) For the purpose of adjudging the penalty under sub section (1), the Reserve Bank shall serve notice on credit information company or credit institution or specified user, as the case may be, requiring it to show cause as to why the amount mentioned in the notice should not be imposed as penalty and a reasonable opportunity of being heard shall also be given to such credit information company or credit institution or specified user as the case may be.



(3) No complaint shall be filed against credit information company or credit institution or specified user, as the case may be, in any court of law in respect of any contravention or default in respect of which any penalty has been imposed by the Reserve Bank under this section.



(4) Any penalty imposed by the Reserve Bank under this Act shall be payable within a period of fourteen days from the date on which notice issued by the Reserve Bank demanding payment of the sum is served on the credit information company or credit institution or specified user, as the case may be, and in the event of failure of such credit information company or credit institution or specified user to pay the sum within such period, may be levied on a direction made by the principal civil court having jurisdiction in the area where the registered office of credit information company or credit institution or specified user, being a company, is situated and in case of credit institution incorporated outside India, where its principal place of business in India is situated:



Provided that such direction under this sub section shall be made only upon an application made in this behalf to the court by the Reserve Bank.



(5) The court which makes a direction under sub section (4) shall issue a certificate mentioning therein the sum payable by a credit information company or credit institution or specified user as the case may be, and every such certificate shall be enforceable in the same manner as if it were a decree made by the court in a civil suit.



(6) Where any complaint has been filed against credit information company or credit institution or specified user as the case may be, in any court in respect of the contravention or default of the nature referred to in sub section (2) of section 22 and sub section (2) or sub section (3) or sub section (4) of section 23, then, no proceedings for the imposition of any penalty on the credit information company or credit institution or specified user shall be taken under this section.

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