Mr. Justice M.Y. Kawoosa, President—Shortly put and shorn of details case of the complainant is that O.P. was running the Professional College and imparting professional training of MBBS Five Years Course since 1989. O.P. established a College under the name and style as Jehlum Valley Medical College as a private institution based on trust. O.P. gave the impression to the public at large that the College is recognized by the Medical Council of India and is also regularized by the Government of Jammu and Kashmir. In the month of October, 1995 O.P. advertised for the admission for MBBS Five Years Course. Complainant believed that O.P.-College is recognized by the lawful authorities and applied for the admission. O.P. after admitting 80 candidates against the rules, threw a bid for other 20 candidates among whom petitioner also was given a seat on demand of Capitation Fee of Rs. 5.50 lacs in October, 1995. Complainant came to know that the College is not recognized and some writ petitions also had started to be filed before the High Court questioning the authority of O.P. for giving admission in the College. But complainant was assured by O.P. that the processing of recognition is going on. The College will soon be recognized. Complainant deposited the Capitation Fee of Rs. 5.50 lacs along with the registration fee on 15.2.1996 with a forwarding letter addressed to the O.P. along with the bank drafts. Complainant in the forwarding letter dated 14.2.1996 made it clear that the complainant has applied to Government of India under SAARC agreement for seat in Bangladesh in case the same is provided capitation fee be returned to him. According to complainant capitation fee was accepted by the O.P. along with the forwarding letter dated 14.2.1996. Soon after complainant who attended the class for 20 days got a seat in Bangladesh and he went there. In the mean time the College was closed for 2 years and the writ petitions were going on in the High Court questioning the admission of candidates in view of Unni Krishnan judgment of Apex Court. The case of the complainant is that he attended the class only for 20 days. He wrote to the O.P. to return the Capitation Fee. The O.P. referred the matter to the Board of Advisers who resolved to return the part money on humanitarian grounds at the start of next session. Complainant thereafter gave several reminders for the return of the Capitation Fee which was not given. In the mean time Board of Directors were changed by another set of members and lastly the Government admittedly has taken over the College and attached it with Sher-i-Kashmir Institute of Medical Sciences which is now being governed by the Board of Governors and the College is run by Director of Institute who is working as Principal of the College. It is in these circumstances that the complainant had to amend the complaint and he presented the amended complaint which included members of Governing Board and O.P. No. 9 Dr. Mehraj-ud-Din, Director of Institute of Medical Sciences who is running the College as Principal.

2. Opposite parties 4,6,7 i.e., G.M. Shunthe, Altaf Ahmed and Mohd. Yousuf have filed written version, none-else has filed the written version. O.P. No. 9 Dr. Mehraj-ud-Din was again summoned. He then participated in the proceedings.

Opposite Parties have resisted the complaint on various grounds inter alia that complaint is not maintainable on the ground that no consumer dispute arise and no mal-practices were done by the O.Ps. and secondly that the Board of Governors of Sher-i-Kashmir Institute of Medical Sciences is not responsible for the omissions and commissions of the earlier Board of Directors who were managing the affairs of the College. Thirdly O.Ps. are not bound to return the Capitation Fee when the complainant has suo motu left the College of its own and went to Bangladesh.

3. Evidence in the case recorded in the affidavit of Jalal-ud-Din Shah, father of complainant M.A. Bhat witness of the complainan