Mr. Mahesh Chandra, Member—The present appeal has been filed under Section 15 of the Consumer Protection Act, 1986 (hereinafter to be referred to as ‘the Act’) against the order dated 11.8.1999 passed by District Forum (South), in Complaint Case No. 2059/1996 entitled Shri Ashu Mittal v. Fore School of Management. The facts of the case relevant for the disposal of this appeal are as follows:

Respondent Shri Ashu Mittal sought admission to the Post Graduate Diploma in Business Management (PGDBM-Full Time) Wave V in the appellant institute and deposited fee of Rs. 39,500/-. In the meanwhile, the respondent was also admitted in K.J. Somaiya Institute of Management Studies and Research, Bombay and he decided to joint the other institute and deposited fee there. Subsequently, the respondent on 19.6.1996 requested the appellant to refund the deposited fee. However, the appellant refused to refund the fee and stated that fee once deposited cannot be refunded as per terms of the brochure given to the respondent earlier. Hence the respondent Shri Ashu Mittal filed a complaint before the District Forum (South) alleging deficiency in service on the part of the appellant and for refund of