Heard learned counsel for both the sides.

2.         Captioned appeal  is filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.         The case of the complainant in nutshell is that the complainant took admission in AME course in July, 2008 sessions in Utkal Aerospace and Engineering, Bhubaneswar on payment of Rs. 51,000/-. The complainant and his father also made joint declaration. The  O.P. had given certificate to whom it may concern for availing financial help.  But the complainant could not get financial help from the bank for which he was not able to continue his study in the said institute.

4.         The complainant  further alleged that as per joint declaration by him  and his father, he has taken provisional admission and finally  failed to succeed in the qualifying

examination for confirmed admission. The complainant then requested the O.P. to refund the admission fee but the opposite party did not  refund the same. So he filed the complaint case.

5.         The opposite party filed written version stating that the complainant through his guardian had undertaken not to claim refund of any fees paid to the institution including admission charges after admission. They have further averred that the complainant could not be successful in the qualifying test to avail the loan for his seat. Therefore, they have submitted that the  complainant is not entitled to get back the admission fee.

6.         After hearing both the parties, learned District Forum passed the following order:-

                           xxxxxx                 xxxxxxx

     “ Thus, under the circumstances, we direct the O.P. to refund the admission fee of Rs.51,000/- ( Rupees Fifty one Thousand) only to the complainant within 30 day from the date of receipt of this order failing which the O.P. would be liable to pay 12% (Twelve percent) interest per annum after 30 days

from the date of receipt of this order till the actual day of payment of the awarded amount to the complainant.

     The case is disposed of accordingly.”

7.         It appears from the record that the complainant was provisionally admitted in the college by depositing Rs. 51,000/-. Further it appears that the complainant has given a joint declaration along with his father to obtain  financial help. The fee structure under Rules of the college shows that once the candidate has been admitted, no fund will be refunded. As it appears from the document filed that the complainant has not been given final admission or confirmed admission but preliminary admission has been given.

Moreover, O.P. admitted in written version that complainant failed in qualifying examination to get admission in the college.

8.           In view of above discussions, we are of the considered view that the  complainant has not been given admission. 

9.           Under such circumstances, we agree with the view taken by the learned District Forum and accordingly confirmed the impugned order.

            The appeal is accordingly dismissed. No cost.

             DFR be sent back forthwith.

             Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.