The Energy Conservation Act, 2001
28. Factors to be
taken into account by adjudicating officer.-
While adjudicating
the quantum of penalty under section 26, the adjudicating officer 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
repetitive nature of the default.