 (Unjust Enrichment)   (Breach of Contract)   (Violation of N.J.S.A. 56: 8-1 et seq.)   1.  Certifying this action as a class action, with a class as defined above;    2.  On Plaintiff’s First Cause of Action, awarding against Defendant damages that  Plaintiff  and the other members of the Class have suffered, trebled, and granting appropriate  injunctive relief;   3.  On Plaintiff’s Second Cause of Action, awarding against Defendant damages that  Plaintiff and the other members of the Class have suffered as a result of Defendant’s actions;   47.  Plaintiff repeats and re-alleges the allegations contained in Paragraphs 1-46 above  as if fully set forth herein.   5.  Awarding Plaintiff and the Class punitive damages;   58.  Plaintiff repeats and re-alleges the allegations contained in Paragraphs 1-57  above as if fully set forth herein.   59.  Plaintiff and the Class entered into valid contracts with North American  Power for the provision of natural gas and/or electricity supply.     6.  Awarding Plaintiff and the Class interest, costs and attorneys’ fees; and   60.  Pursuant to that contract, North American Power agreed to charge a rate for  natural gas that “will fluctuate on a monthly basis, based on the market price of natural gas,  and will consist of the sum of a variable energy charge plus retail service charge and any  applicable taxes.”     62.  However, North American Power failed to perform its obligations under the  contract because it charged a rate for natural gas that was not based on the factors upon  which the parties agreed the rate would be based.   63.  Plaintiff and the Class were damaged as a result because they were billed, and  they paid, a charge for natural gas that was higher than it would have been had North  American Power based its rate on the agreed upon factors.   64.  Under the contract, North American Power promised to charge a rate for  electricity that “will fluctuate, based on the market price of electricity, and will consist of the  sum of a variable energy charge plus retail service charge and any applicable taxes” and “the  rate may increase or decrease to reflect price changes in the wholesale power market.”    65.  Pursuant to the contract, Plaintiff and the Class agreed to pay that rate, and  they did so.   66.  However, North American Power failed to perform its obligations under the  contract because it charged a rate for electricity that was not based on the factors upon which  the parties agreed the rate would be based.   67.  Plaintiff and the Class were damaged as a result because they were billed, and  they paid, a charge for electricity that was higher than it would have been had North  American Power based its rate on the agreed upon factors.   69.  Plaintiff repeats and re-alleges the allegations contained in Paragraphs 1-68  above as if fully set forth herein.   7.  Awarding Plaintiff and the Class such other and further relief as this Court deems  just and proper.  70.  By engaging in the conduct described above, Defendant has unjustly enriched  itself and received a benefit at the expense of Plaintiff and the other members of the Class  and Defendant is required, in equity and good conscience, to compensate them for the  damages that they have suffered as a result of Defendant’s actions.   71.  It would be unjust for Defendant to retain the payments Plaintiff and the Class  made for excessive charges.   72.  By reason of the foregoing, Defendant is liable to Plaintiff and the other  members of the Class for the damages that they have suffered as a result of Defendant’s  actions, the amount of such damages to be determined at trial, plus attorneys’ fees.  WHEREFORE, Plaintiff respectfully requests that the Court should enter judgment  against Defendant as follows:  