(1)               This appeal is filed by the original complainant against the dismissal order dated 05/08/2006 passed District Forum, Kolhapur in consumer complaint No.132/2003.  The order of the district forum is dated 05/08/2006 and the appeal was filed on 16/09/2006.  There is a delay of few days in filing this appeal.  Appellant has not filed condonation of delay application.  We cannot condone delay on this count itself.  The appeal is liable to be dismissed, but we perused impugned order.  We find that original complainant/appellant had taken admission for the diploma course of medical transcription by depositing `20,000/- towards the fees.  The complainant was assured that after completion of the said course, he would get 100% employment.  As the complainant is ex-military man and was unemployed, he joined the said course.  However, within 1<sup>1/2</sup> month, he got an employment and he was required to give up the said course of medical transcription.  He was assured to refund the money deposited towards fees.  But the said was not given.  Hence, the complainant filed consumer complaint.  The complaint was opposed by the opponent by filing written statement opponet pleaded that the complainant is a ex-military man and had passed graduation by taking English special subject.  He had taken voluntarily admission to the medical transcription diploma course after taking complete information regarding the course.  He was never informed that fees paid would be refunded.  On the contrary, in the pamphlet of the opponent, it is specifically mentioned that the fees once paid will not be returned.  Having understood the terms and conditions of the opponents, the complainant took admission for the said course.  The complainant stopped to attend the course after 4-5 months.  He deposited `10,000/- on 08/05/2001 and again on 08/09/2001, he deposited `10,000/- towards remaining fees.  The opponent rebutted the contention of the complainant that he left the course after attending only for 1^1/2 month. The complainant had paid first installment of the fees on 08/05/2001 and voluntarily deposited second installment on 08/09/2001.  The opponent pleaded that he had never been informed that they would refund any amount of fees, if he gets any job during the said course.   

(2)               The district forum on considering the rival contentions held that the opponent is not guilty of deficiency in service.  The complainant himself gave up the diploma as he got employment in Jilha Sainik Kalyan Karyalaya, Kolhapur.  By paying fees, he had taken training of medical transcription diploma course for 4-5 months.  As per the terms and conditions given to the complainant regarding admission, there is no provision to refund the fees in midst of the course.  Taking all these facts into consideration, the forum below dismissed the complaint rightly.  The order passed by the forum below is just and proper and sustainable in law.  As such, we pass the following order.

ORDER

(1)     Appeal is dismissed.

(2)     No order as to costs.

(3)     Inform the parties accordingly.

Pronounced on 11^th October, 2011.