P.K. Shamsuddin, President- Thisappeal is directed against the order passed by the District Forum Emakulam(the President of the District Forum dissenting) directing the opposite party to return the amount paid by the complainant together with interest at the rate of 15% and also Rs. 500/- as cost.

2. The complainant's son joined the St. John's Medical College, Bangalore for the academic year 1992-93 paying the full fees and other deposits on 11-8-1992. However he left the college on securing admission in the Model Engineering College at Cochin. The complaint was filed alleging that the opposite parties refused to refund the fee paid except to a small part.

3. The opposite party filed a version contending that the fees and deposits paid once are not refundable as per the rules contained in the prospectus but as a special case a sum of Rs. 3150/- was refunded to the complainant's son as requested. It was also contended that the District Forum Emakulam has no territorial jurisdiction since no part of cause of action arose within the jurisdiction of the District Forum, Emakulam. On the merit the President of Forum in his dissenting order took the view that as per the prospectus evidenced by Ext. B 1 the fees and deposits paid are not refundable, that in the declaration signed by the candidate and his father it was agreed that the candidate shall abide by the rules and regulations. It was also pointed out that when the complainant's son decided to leave the institution he made a request for realising his documents and the refundable part of the deposits and in pursuant to that, an amount of Rs. 3150/- was paid as a special case. It was further pointed out that Exbt B4 the copy of the letter contained the details how the figure of Rs. 3150/- was arrived at. A decision of the Maharashtra State Commission in Sushant Yuvaraj Rode v. Sri Ramdeobaba Engineering College 1 , was also pressed into service before the District Forum. In the dissenting order it was pointed out that in the letter of provisional admission granted to the complainant a promise was held out by the principal that on production of evidence of obtaining admission in Engineering or Medical College subsequently through the Government of Maharashtra Agency, the candidate will get refund of the full remittance within seven days and it is under such circumstances, the Commissionheld that there is no justification in not refunding the amount paid. This is not a case where no service was rendered and admittedly the candidate attended the class for 13 days. However the majority of members took the view that since the candidate did not attend the class for the full term, notwithstanding the conditions and terms mentioned in the prospectus the opposite party was liable to refund the amount. It is in that view an order was passed directing the opposite party to return the balance amount together with interest at the rate of 15% per annum and costs to Rs. 500/-

4. Feeling aggrieved by the said order this appeal has been preferred. .

5. Learned counsel appearing for the appellant submitted that the order passed by the District Forum is not sustainable. Learned counsel invited our attention to clause 17 of Exbt B 1 prospectus which states as follows "Deposits and Fees will not be refunded. If the candidates do not join the college, after joining before completing the course." Again at page 31 it is stated deposits and fees paid will not be refunded if a candidate leaves the college before completing the course. Exbt B2 is a signed declaration admittedly given by candidate as well as the complainant. It is stated therein that the candidate was aware of all the rules and regulations including the attendance of the class examination/periodical tests and the requirement of internal assessment. On the basis of these provisions it is argued by the learned counsel that fee and deposits paid are not liable to be refunded and that it is only as a special case that an amount of Rs. 3150/-wa