Information Technology Act Section 47 — Factors to be taken into account by the adjudicating officer

Summary

While deciding how much compensation to order under this Chapter, the adjudicating officer must consider the factors listed below.

Under clause (a), the officer must consider the amount of unfair advantage gained from the default, wherever that gain can be quantified.

Under clause (b), the officer must consider the amount of loss caused to any person as a result of the default.

Under clause (c), the officer must consider whether the default was repetitive in nature.

Official Text

While adjudging the quantum of compensation under this Chapter, the adjudicating officer shall have due regard to the following factors, namely:–

(a) the amount of gain of unfair advantage, wherever quantifiable, made as a result of the default;

(b) the amount of loss caused to any person as a result of the default;

(c) the repetitive nature of the default.

Related Judgments

• and; The Hon’ble Justice Krishna Rao; FMA 857 of 2021; With; CAN 1 of vs Bappa Chakraborty, With, MAT 240 of 2022, With, CAN 1 of 2022, Mina Sa — Calcutta High Court (Kolkata Principal Seat) (2022)
• 1.The District Revenue Officer (Stamps); District Collectorate Office vs N.Ravichandran — Madras High Court (Principal Bench, Chennai) (2017)
• P.Uthamaraj vs 1.The District Registrar, Chennai South, Chennai 15., 2.The Sub Regist — Madras High Court (Principal Bench, Chennai) (2009)