Honble 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. 168 of 1994.

2. Eleven complaints were filed before the Commission against the appellant herein, viz. Buddhist Mission Dental College and Hospital through its Secretary Shri R.A. Vatsayayan.

3. 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). In the said advertisement, it was specifically highlighted that the appellant college is a premier dental college of Bihar established and managed by the Vishwa Buddha Parishad under Article 30 of the Constitution of India. It was also mentioned right under the name of the appellant’s college 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. 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 conditions of Dental Council of India.

ADMISSION NOTICE FOR BDS COURSE 1993-94

Applications are invited for admission in 1st year (B.D.S.) Course.

Eligibility:- S.S.C. Or Equivalent degree with a minimum 50% marks (40% in case of reserved candidates) in Physics, Chemistry, Biology Group. Application form and prospectus can be had from the office on payment of Rs.100/- (or Rs.110/- by DD in the name of the college if requested by post).

Last date for submission of application is 30.08.1993. Separate hostel facility for boys and girls in the campus, preference to Buddhist and other minority candidates.

NO CAPITATION FEE

(R.S. Vatsyayan)

Secretary”

4. The complainants, respondents herein, who have all passed 12th standard examination with Physics, Chemistry and Biology and have secured good marks and were in search of brighter career prospects, believing the facts incorporated in the advertisement of the appellant to be true, applied for admission to the appellant’s college in the academic session 1992-93. In the complaint, it was stated that in the advertisement it was specifically mentioned “No Capitation Fee”. This obviously gave the impression that no capitation fee would be charged from the students. But in fact, at the time of admission, Rs.1,00,000/- was taken in cash from each of the respondents and despite repeated requests made by the respondents, no receipt for the amount paid by them was given. When the respondents insisted upon the receipts of the said amount paid, they were threatened that if they persisted on the demand of getting the receipts, their admission would be cancelled. It is further alleged in the complaint that the respondents had paid a substantial amount under various heads viz., admission fee, tuition fee, development charges, charges of consumables, house-in-practicals, sports, magazines, library etc.

5. The respondents also started attending classes after joining the appellant college. 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 college was neither affiliated to the Magadh University nor it was recognized by the Dental Council of India.

6. In the complaint, the respondents also mentioned that they were informed by the appellant that the college is well equipped with library, laboratories, anatomy museum, medical appliances and instruments, hostel accommodation duly furnished and well qualified teaching staf

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