Section 25:
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 rupees;
(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 the 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 or 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.