Mr. Justice A.P. Chowdhri, President — Brief facts alleged in the complaint are that on the basis of an advertisement in a leading English news paper the complainant contacted Medical Council of India, New Delhi for admission of his daughter Manisha Sharma to the under-graduate course in Medical Institute in USSR. The opposite party, who is running an office under the name and style of M/s. Indo Soviet Medical Education Care & Research Foundation, contacted the complainant and offered his services to arrange visa and payment for studies in USSR on payment of Rs. 2.50 lacs. The complainant arranged a sum of Rs. 2.40 lacs with great difficulty and paid the same to the opposite party in four instalments. Complainant’s daughter was sent to USSR by the complainant in October, 91. According to the understanding referred to above the opposite party was required to pay for the entire medical course but he failed to pay the dues. Complainant’s daughter, accordingly, wrote to her father about the same. The complainant contacted the opposite party, who sent him away by giving further assurances. The complainant’s daughter, however, came back in July, 1992. The complainant met the respondent on 17.7.92 when the latter offered to send his daughter to some other places. The fresh offer was, however, not acceptable to the complainant, who asked for return of the amount. The opposite party had the complainant thrown out from his office. The matter was reported to the police. In the complaint the complainant claimed refund of Rs. 2.40 lacs together with @ 24% interest.

2. In the written statement filed by the opposite party each and every material fact has been specifically denied. We have heard learned Counsel for both the parties and have perused the record. The complainant does not dispute that the understanding/ agreement reached between the parties was not reduced into writing. He further does not dispute that he had not obtained any receipt for the alleged payment of Rs. 2.40 lacs in four instalments. Necessarily, therefore, the complainant relies on various bits of evidence and circumstances to prove his case. It bears repetition that there is a specific and categorical denial of the material facts by the opposite party.

3. In the peculiar facts of the present complaint we are clearly of the view that the case would require examination of a number of witnesses and production of documents and it is only by a full-fledged regular trial that the matter can be disposed of. We, therefore, relegate the complainant to his remedy by a regular suit, if so advised. There will be no order as to costs as far as the present proceedings are concerned. The complaint is disposed of in these terms. A copy of this order be conveyed to the parties.

Complaint disposed of.

_