Consumer Protection Act, 1986:
s.2(1)(r) - Unfair trade practice - Complaint against
appellant - Claiming refund of amount - Courts below found
that the appellant had committed unfair trade practice -
National Commission apart from ordering on the claim, also
imposed punitive damages - Held: Finding of unfair trade
practice affirmed - But order of punitive damages set aside
because such claim was not made by the complainant and
the appellant had no notice of such claim.
s.2(1)(r) - Unfair trade practice - Mere proof of unfair labour practice not enough for claim or award of relief unless
causing of loss is established.
Complaint - Alleging unfair trade practice - Scope of -
Held: Complaint can cover not only individual but also
F consumers, who are not identifiable conveniently.
Interpretation of Statutes - Interpretation of Consumer
Protection Act - The Act being a social legislation, liberal and purposive interpretation has to be placed on the scheme of
the Act avoiding hyper-technical approach.
Damages - Punitive damages - Award of - Punitive
damages are awarded against a conscious wrong unrelated
to the actual loss suffered.