(1) Where a consumer has entered into a consumer agreement in the course of which transaction the supplier has engaged in an unfair practice the consumer agreement may be rescinded by the consumer and the consumer is entitled to any remedy that is available in law.
(2) Where rescission of the agreement under subsection (1) is not possible because —
(a) the return or restitution of the goods or service is no longer possible; or
(b) rescission would deprive a third party of a right in the subject-matter of the agreement which the third party acquired in good faith and for value,
the consumer is entitled to recover the amount by which the payment by the consumer under the agreement exceeds the reasonable value of the goods or service or to recover damages, or both.