A. Venkatarami Reddy, President - It is not in dispute that the daughter of the complainant was admitted into the school. At the time of admission an amount of Rs. 610/-was collected towards fees and Rs. 250/- for initial donation and a further sum of Rs. 100/- It is the case of the complainant that even before the admissions are closed i.e. even before the final list was put on the notice board, as she got admission in some other vocational course she requested the Principal of the school to give transfer certificate and also refund the amount paid. The school issued a transfer certificate, but so for as the refund of the amount is concerned, it has not accepted the request of the complainant, therefore this complaint was filed before the District Forum for refund of fees amount or Rs. 960/-

2. The opposite party took a stand that, in the prospectus it was mentioned that the fees will not be refunded and that, since, the opposite party is willing to have the student in the college it cannot be said that there is any deficiency of service on the part of the opposite party and that, therefore, the complaint is not maintainable.

3. The District Forum held that, since the admissions were not finalised by that time, as the 2nd and 3rd lists were not put up on the riot ice board, the opposite party did not suffer any loss, as it is open to them to admit any student in place of the complainant's daughter. It also held that the clause under the prospectus stating that no amount will be refunded as merely introduced to benefit the management of the school and the student has no option to accept if he wants the admission in the school and therefore, it is not binding to the student. It there fore, held that the complainant is entitled for refund of not only the fees of Rs. 610/- but also the other amount of Rs. 350/- in all Rs. 960/-

4. In this appeal it is firstly submitted that in the prospectus mentioned that in no case the fees will be refunded, but as observed by the District Forum, at the time of seeking admission any student will be compelled to accept that clause, as he has no choice not to accept that clause, if he wants, the admission in the school. It, therefore, cannot be said by virtue of that clause the student was prevented from claiming the refund of the amount. It is next contended that there is no deficiency of service, but it is to be seen that the not was collected for the purpose of imparted education. The complainant did not attend even for single day and, therefore, the complainant has not rendered any service by the opposite party. In these circumstances we are satisfied that the complainant is entitled for refund of the fees. Nextly contended that the complainant prayed only for the refund of the fees of Rs. 610/-, where as the District Forum granted the refund of the other amounts also i.e. Rs. 350/-. Having regard to the prayer of the complainant, we are satisfied that the complainant sought refund of only fees of Rs. 610/- In these circumstances we modify the order of the District Forum by directing refund of the fees Rs. 610/- and not other amounts. The order of the District Forum is accordingly modified. The appeal is allowed in part. There shall be no order as to costs.

Appeal allowed in part.