Applying these considerations to the present case, we cannot say that the court’s award in any way caused the defendants to suffer prejudice or surprise. The plaintiffs originally brought their complaint in small claims court. The allegations in that complaint fell squarely within § 47a-21 (d) (2) and formed the basis for the court’s award. Furthermore, the defendants alleged, in an affidavit filed with the court in support of their motion to transfer the case to the regular docket, that they acted “in accordance with Connecticut General *836Statutes § 47a-21.” It would be disingenuous for the defendants to argue before this court that they were not on notice that the plaintiffs’ claim for damages arose out of § 47a-21 (d) (2). Given that the plaintiffs’ claim fell under the statute and the facts that the defendants cited to the statute and the court based its award on a violation of the terms of the statute, we conclude that the court’s decision is not legally improper. The judgment is affirmed.