JUDGMENT :

ADARSH KUMAR GOEL, J.

1. These appeals have been preferred against the order dated 16th December, 2008 of the National Consumer Disputes Redressal Commission (for short “the National Commission”) in Revision Petition Nos.3349 of 2006 and 2858 of 2008.

2. The main question raised in these appeals is whether in the absence of any prayer made in the complaint and without evidence of any loss suffered, the award of punitive damages was permissible. Apart from the said main question, the appellant has also called in question the refund ordered and other relief granted in favour of the respondent-complainant.

3. In the complaint, filed before the District Forum, Ahmedabad (Rural) (for short “the District Forum”), the prayer of the respondent-complainant was as follows :

“The complainant, therefore, most respectfully prays :

(a) That this Hon’ble Forum be pleased to hold that the opposite parties (joint and severally) to have practiced unfair trade practice, towards the complainant and direct them (jointly and severally) to remove unfair trade practice, practiced by them against the complainant;

(b) This Hon’ble Forum be pleased to direct the opposite parties (jointly and sever