Bihar dental college to pay for ruinous ad

Students aggrieved at misleading advertisements, given by unrecognised educational institutions that their courses are recognised, are entitled to refund of fees and compensation, the Supreme Court has held.

Order upheld

Such misrepresentation resulting in ruining the career of students and loss of academic years will come within the ambit of unfair trade practice under the Consumer Protection Act, said a Bench consisting of Justices Dalveer Bhandari and H.S. Bedi.

The Bench upheld the order passed by the National Consumer Disputes Redressal Commission directing an unrecognised dental college and hospital in Bihar to refund the fees paid by 11 students who joined the institution believing that it was a recognised college and lost two academic years.

The court directed the college to pay a total compensation of Rs. 22 lakh, in addition to refund of fees and a Rs. 30,000-penalty imposed by the Commission.

Bhupesh Khurana and 10 others joined the college during 1992-93 paying a huge capitation fee.

Later they came to know that the college was not affiliated and their course was not recognised, and so they could not sit for the examination.

Appeal dismissed

On their complaint, the Commission directed refund of fees and payment of compensation.

Dismissing with costs the appeal filed by the college against this order, the Bench pointed out that its wrong claim that it was affiliated to Magadh University and its BDS course was recognised by the Dental Council of India amounted to deficiency in service under the CP Act.

“The appellant-institute, by giving totally a misleading and false advertisement, clearly misled the respondents. We strongly feel that the appellant institute has played with the career of the students and virtually ruined their career and the respondents have lost two valuable academic years.”

The Commission rightly concluded that this was a case of total misrepresentation on the part of the institute which was tantamount to an unfair trade practice, the court said.link

Bogus affiliations can be challenged in consumer courts: Supreme Court

In a major blow to colleges falsely claiming recognition and affiliation to reputed universities, the Supreme Court has held that such bogus claims amounts to deficiency of service under the Consumer Protection Act and aggrieved students are entitled to compensation. The apex court passed the ruling while imposing a heavy compensation of Rs two lakh each to 11 students of the Buddhist Mission Dental College & Hospital, Bihar for misleading the students with false claims of affiliation to the Magadh University and recognition of its BDS (Bachelor of Dental Science) course to the Dental Council of India (DCI).

The compensation Rs two lakh would be in addition to the Rs 30,000 imposed by the National Consumer Redressal Commission, the apex court said.

"We are of the opinion that the appellant institute by giving totally misleading and false advertisement clearly misled the respondents (students) that the institute is affiliated to the Magadh University and recognised by the Dental Council of India.

"The respondents have lost their two valuable academic years which would have tremendous impact on their future career," a bench of Justices Dalveer Bhandari and H S Bedi observed.link