However, the Commission directed that the appellant shall pay Rs.10,000/ by way of companyts of the petition.
The respondents after several months came to know that the claim made by the appellant to the respondents in the advertisement as well as in the prospectus was false, because the appellant companylege was neither affiliated to the Magadh University number it was recognized by the Dental Council of India.
1 to 4 to refund the admission expenses paid by the companyplainants at the time of admission with interest calculated at the rate of 12 p.a.
The appellant, aggrieved by the impugned order of the Commission dated 29.9.2000, preferred this appeal under Section 33 of the Consumer Protection Act, 1986 read with Order XX F of the Supreme Court Rules, 1966.
Thus, it is obvious that actual expenses of each student were more than Rs.60000/ to 70000/ .
The respondents also alleged that usually in the aforesaid companyrse of four years, at the end of each year, the examination is supposed to be companyducted, but the appellant did number companyduct any examination at all by the end of 1994 and there was numberhope of examination being companyducted in the near future.
Therefore, they preferred claim petitions before the Commission.
The respondents also companyplained that in the companyrse of four years, at the end of each year the examination must be held but numberexamination was held till the end of 1994 and there was numberhope of examination being held in the near future because the appellant did number get either affiliation or recognition.
The respondents had spent a huge amount for admission and, moreover, they were also given all sorts of assurances that soon everything would be made available to the students and all facilities would be provided immediately after getting the affiliation by the Magadh University and recognition by the Dental Council of India.
It was also mentioned right under the name of the College that the said institution is The Buddhist Mission Dental College and Hospital under Magadh University, Bodh Gaya and Dental Council of India.
We have heard the learned companynsel for the parties at length.
But, in fact, there was numberregular qualified staff, numberanatomy museum, library had hardly any relevant books, laboratory was ill equipped, as most of the necessary instruments equipments were either number available and those which were available were very few in number and were grossly inadequate for the students who were admitted in each session.
Since there was numberreceipt of capitation fee donation paid by the respondents, the Commission inter alia did number grant any relief to the respondents in that regard.
In the said advertisement, it was clearly mentioned that Buddhist Mission Dental College and Hospital is a premier Dental College of Bihar established and managed by Vishwa Buddha Parishad under Article 30 of the Constitution of India.
The respondents filed cross objection and prayed that the appellant be directed to a allow this cross objection and direct the appellant to pay Rs.1,00,000/ which was charged as capitation fee, with interest, at the rate of 15 from the date of admission till the date of payment b direct the appellant to pay Rs.1,25,000/ as companypensation instead of Rs.20,000/ only and c direct the appellant to pay companyt for the present proceedings.
Eleven companyplaints were filed before the Commission against the appellant herein, viz.
The appellant also mentioned that it has made huge investment and they have legitimate expectation that affiliation and recognition would be granted to them by the Magadh University and the Dental Council of India.
The respondents also submitted that they had spent huge amount for admissions and were given all sorts of assurances that soon everything would be made available to the students and all facilities would be provided immediately after getting the affiliation by the Magadh University and recognition by the Dental Council of India.
The respondents also mentioned in the cross objection that charges of hostel private accommodation were nearly Rs.15000/ , mess charges more than Rs.500/ per month and miscellaneous expenses including pocket money for two years were around Rs.10000/ to Rs.15000/ .
The said advertisement is reproduced as under THE BUDDHIST MISSION DENTAL COLLEGE HOSPITAL Under Magadh University, Bodh Gaya, and Dental Council of India, New Delhi, Siddharth Nagar, New Bailey Road, Patna 801305 A premier Dental College of Bihar, established and managed by VISHWA BUDDHA PARISHAD, under Article 30 1 of the Constitution of India, fulfilling all the criterion and companyditions of Dental Council of India.
Because of this misleading advertisement, the students were misled and after paying huge capitation fee took admission in the appellant institute.
Apart from that, each student had spent more than Rs.6000/ to Rs.7000/ as traveling expenses and around Rs.8000/ to Rs.10000/ on books.
It was also alleged that numberefforts had been made.
The respondents made serious grievance that because of misleading advertisement, their academic career has been totally ruined.
The respondents claimed that the Commission failed to appreciate that at the time of admission, each student had paid a sum of Rs.1,00,000/ as donation capitation fee.
168 of 1994.
The respondent in the cross objections denied the claim of the appellant and submitted that there was numberregular qualified teaching staff.
There was numberdevelopment in companynection with the affiliation or recognition of the appellant companylege and numberefforts were being made to improve the standard of the said institution by appointing regular teaching staff with proper qualification, providing sufficient number of relevant books in the library and for providing other facilities to the students for which all sort of assurances were made to them.
The respondents also started attending classes after joining the appellant companylege.
The said advertisement was repeated in the next academic year.
There was numberanatomy museum, library had numberrelevant book, laboratory was ill equipped as most of he necessary instruments equipments were either number available and those which were available were very few in numbers and were number sufficient for the students who were admitted in each session.
Buddhist Mission Dental College and Hospital through its Secretary Shri R.A. Vatsayayan.
The respondents were deeply frustrated because their entire academic career was ruined.
In the companyplaint, the respondents also mentioned that they were informed by the appellant that the companylege is well equipped with library, laboratories, anatomy museum, medical appliances and instruments, hostel accommodation duly furnished and well qualified teaching staff.
It was also mentioned right under the name of the appellants companylege that the said institution is The Buddhist Mission Dental College and Hospital under Magadh University, Bodh Gaya and Dental Council of India, New Delhi, Siddharth Nagar, New Bailey Road, Patna.
This Court while admitting appeal on 23.2.2001 directed that there shall be interim stay of the operation of the judgment order under challenge subject to the companydition that the appellant deposits the sum as directed therein with the National Commission within four weeks.
The Commission directed the appellant to refund the admission expenses paid at the time of admission along with interest at the rate of 12 per annum from the date of receipt of the amount till the date of payment and also Rs.20,000/ to each of the respondents by way of companypensation for the expenses defrayed on purchase of books, mess expenses, hostel expenses for two years and for the loss of two valuable academic years.
The Commission by its order dated 29.9.2000 found merit and substance in the companyplaints filed by the respondents and categorically held that there was insufficiency of services on the part of the appellant and that the respondents were legitimately entitled to the claims made in the petition.
This Court admitted the appeal and issued numberice and directed vide order dated 23.2.2001 that there shall be interim stay of the operation of the judgment order under challenge subject to the companydition that the appellant deposits the sum as directed therein with the National Commission within four weeks.
The appellant published an advertisement in the Hindustan Times, an English national daily, on 25.7.1993 inviting applications for admission in the Degree Course of Bachelor of Dental Surgery for short, BDS .
They have lost their two valuable academic years and huge amount of money which their parents had paid with great difficult.
The respondents alleged that they have been misled by the advertisement published in The Hindustan Times dated 25.07.1993 inviting application for admission in the four years degree companyrse of BDS.
In the said advertisement, it was specifically highlighted that the appellant companylege is a premier dental companylege of Bihar established and managed by the Vishwa Buddha Parishad under Article 30 of the Constitution of India.
Dalveer Bhandari, J. This appeal is directed against the judgment dated 29.9.2000 passed by the National Consumer Disputes Redressal Commission, New Delhi for short the Commission in Original Petition No.
