Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1986 Consumer Protection Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Consumer Protection Act, 1986:Deficiency in service - Dental College, on mis-representation about its affiliation and recognition, admitting students to four years BOS course - Allegation of charging capitation fee - HELD: Institute was neither affiliated to the University nor recognized by Dental Council of India as was claimed in the advertisement - National Commission rightly held that there was total misrepresentation tantamounting to unfair trade practice and there was deficiency in service - .. Complainants would be entitled to compensation as awarded by National Commission as also Rs. 1 lakh each additionally - They would further be paid Rs. 1 lakh each by Institute as litigation costs. The respondents filed complaints before the National Consumer Disputes Redressal Commission stating that .,, ยท~ pursuant to an advertisement dated 25.7.1993 issued by the appellant Dental College and Hospital inviting application for admission in four years Degree Course of Bach- F elor of Dental Surgery relying on the representation made in the said advertisement that the appellant College was an institution under Magadh University, Bodh Gaya and Dental Council of India, New Delhi and Patna, they applied for and were given admission after charging Rs.1,00,000/- capitation fee/donation from each of them besides other admission and connected expenses. However, when at the end of the academic session no examinations were conducted, it was found that the appellant College was not affiliated to any University nor was it recognized by the Dental Council of India. The Commission ' held that there was insufficiency of service on the part of the appellant and the respondents were entitled to the claims made in the petition. However, since there was no B receipt o.f the capitation fee/donation charged to the tune of Rs.1,00,000/- each, the Commission declined to grant relief in that regard. Aggrieved, the College filed the appeal and the respondents filed the cross-objections. |
Judge | Hon'ble Mr. Justice Dalveer Bhandari |
Neutral Citation | 2009 INSC 183 |
Petitioner | Buddhist Mission Dental College. & Hospital |
Respondent | Bhupesh Khurana & Others |
SCR | [2009] 2 S.C.R. 275 |
Judgement Date | 2009-02-13 |
Case Number | 1135 |
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