BHUPESH KHURANA Vs. VISHWA BUDDHA PARISHAD

JUDGEMENT

(1.) THERE are eleven complainants. All the complainants are having the same interest and the complainants have preferred the present complaint against the same opposite party with the same cause of action seeking similar and identical reliefs.

(2.) THE complaint proceeds on the allegations that the complainants are young students having passed the 12th Standard and looking for their better professional future, responded to the advertisement issued by the opposite parties. All the complainants were having excellent academic record and looking forward their better future career prospects. The opposite parties are running an institution collectively in the name of Buddhist Mission Dental College and Hospital. The college was established by Vishwa Buddha Parishad which was established in April, 1977. The college was stated to be started functioning from the year 1988. The opposite parties advertised in the National newspapers (English Edition) for admission for BDS Course, 1991 -92, inviting applications for admission for first year of BDS Course. According to the complainant, in the advertisement, the opposite parties have categorically and clearly written that the college is 'under Magadh University, Bihar, and Dental Council of India, New Delhi'. According to the complainants, similar kind of advertisements were published in the newspapers for the academic sessions of 1991 -92 and 1992 -93. In the prospectus issued by the college it was clearly mentioned that the college run by the opposite parties is affiliated with Magadh University and recognized by Dental Council of India, thereby giving clear impression that the said college is duly recognized by the Dental Council of India which is a statutory body for the purpose of running such kind of institution and also affiliated with Magadh University for the purpose of conducting the annual BDS examination and giving the degree course on completion of the course. The prospectus also mentioned that the institution fulfils all the conditions to be of an institution as required by the Dental Council of India. The complainants in bona fide and good faith, accepted the information of the opposite party as an authentic and correct and sought admission in the BDS Course and paid a substantial amount as demanded by the opposite party under various heads. The complainants also paid admission fee, tuition fee for which no receipt was given. At the time of admission, the complainants were assured by the opposite parties that the college was fully equipped with library, laboratory, medical appliances and instruments, hostel accommodation and had a well -qualified teaching staff. Thereafter, it was found that the assurances of the opposite parties were wrong. In fact, there was no regular qualified teaching staff to teach the students. The laboratory was ill -equipped and there were no instruments and other articles of the laboratory. However, the complainants in the interest of their career continued their studies as a first year dental course with the hope that after qualifying the dental course, the complainants shall have a bright future. They attended their classes regularly for full session after their admission for the session 1991 -1992. However, the complainants started getting worried when the University examinations due to be held in September, 1992, were not in sight. The complainants along with their parents, made enquiry from the opposite party about the reasons as to why the annual examination was not conducted in time by the Magadh University. But, the opposite parties time and again gave assurances to the complainants that the examinations would be held on time. In spite of number of requests and reminders made by the complainants, no date -sheet for examination was declared till December, 1992. The complainants, lastly, approached the Governing Authority and they came to know that the college was neither affiliated to Magadh University nor recognized by the Dental Council of India and thereby unable to hold the examinations. The parents of the complainants had written a letter dated 3rd January, 1993, to the opposite parties bringing to their notice the injustice and loss caused to their boys. In response to that letter, the opposite parties by their reply dated 1st February, 1993 admitted that the college was not affiliated with Magadh University. Huge amount was collected by the opposite parties for admission fee, capitation fee, college dues etc. during the stay at Patna. The complainants have also purchased medical books necessary for their studies, instruments required for attending practical classes. All these expenses were incurred by the complainants for attending their studies in BDS Course, which remained incomplete like a dream on account of fraud played by the opposite parties. Not only the complainants suffered mental torture, financial losses, harassment because of the loss of their two valuable academic years, but also had to bear additional expenses for their fresh admission in other dental colleges/ professional courses in the interests of their future career and prospects. Such omission and commission and conduct of the opposite parties amount to deficiency in service. The complainants are legally entitled to recover for expenses incurred by them during the course of stay along with compensation and damages. It is pertinent to mention that the opposite parties have published similar type of advertisement for the academic years 1992 -93 and 1993 -94 and most of the students who took admission in the 1st year BDS Course, left the institution after staying 3 to 6 months, when they had learned that the college was neither affiliated to Magadh University, Patna, nor recognized by the Dental Council of India, New Delhi. The complainants alleged that the omission and commission on the part of the opposite parties while making such false representation that the college was affiliated and approved by the Magadh University and Dental Council of India amounted to unfair trade practice under the provisions of the Consumer Protection Act. The opposite parties college did not fulfil requisite conditions specified therein for granting of the affiliation by the University. As such, the services of the opposite parties tantamount to deficiency in service and the complainants should be awarded suitable compensation. The complainants have wasted their two years and suffered mentally and financially due to the deficiency in service and willful negligence on the part of the opposite parties. Had the examination been held on time, the complainants would have been able to complete the BDS Course in the said period of 4 years and secured employment or started their professional activity. The complainants have suffered irreparable loss and injury because of such acts of omission and commission on the part of the opposite parties. In these premises the complainants have claimed award of compensation to the tune of Rs. 1,21,94,000/ -.

(3.) IN the rejoinder filed on behalf of the complainant, they have denied the allegations of the opposite parties and have reiterated the allegations made in the complaint. The omission and commission on the part of the opposite parties by making false representations that the college is under Magadh University, Bodh Gaya, Bihar and Dental Council of India amounts to unfair trade practice. The printing on the advertisements, brochures and prospectus that the college is under Magadh University and Dental Council of India proves that the sole aim of the opposite party was to dupe the innocent students. The opposite party without getting affiliation from the Magadh University and recognition from the Medical Council of India published advertisements for admission in the BDS Course only with a view to mislead, defraud, cheat the complainants and other students. Affiliation and recognition should have been done before the commencement of the studies of the college. Running of the said institution without having statutory affiliation and recognition from the Competent Authority tantamount to illegal and unauthorized and unfair activity. In case, the complainants had any idea that the college was not recognized/affiliated they would not have sought admission to the college. They had to part with huge amount on account of admission expenses, purchase of books, miscellaneous expenses and hostel expenses for two years. The opposite parties also published similar advertisements for the academic year 1994 -1995. The opposite parties were trying to mislead and defraud the students.