- (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 :

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;

This Hon'ble Forum be pleased to direct the opposite parties (jointly and severally) to remove the deficiencies in their services and negligence towards the complainant.

This Hon'ble Forum be pleased to direct the opposite parties (jointly and severally) to refund the complainant a sum of Rs.14,00,000/- (Rupees Fourteen Lakh) and Rs.1,91,295/- to the complainant along with the 18% interest, from the date of payment to the complainant and the Hon'ble Forum be pleased to direct the opposite parties to forthwith to take back the said vehicle from the complainant, after refunding the complainant's money with interest, as prayed;

This Hon'ble Forum be pleased to direct the opposite parties (jointly and severally) to pay compensation for physical and mental pain, shock, suffering, agonies, hardships, inconveniences and expenses suffered by the complainant, to the tune of Rs.50,000/- (Rupees Fifty Thousand) or as thought fit in the interest of justice, by this Hon'ble Forum;

The Hon'ble Forum be pleased to direct the opposite parties (jointly and serverally) to pay Rs.25,000/- to the complainant, as cost of this complaint."