not refundable" is unconscionable as well as voidable <br /> and therefore not actionable. A student or a trainee <br /> may leave in the midstream if he finds<br /> the service deficient and sub standard and non <br /> yielding and to tell him that "fees once <br /> paid is not refundable" is uncalled for and <br /> unfair trade practice as no service provider can take <br /> or charge the consideration of the service which it has <br /> either not given or has not been availed."<br /> Counsel for complainant also relied upon another case of Pondicherry State Commission reported as 2006 CTJ 672 wherein it was interalia held that :<br /> " Irrespective of what the College stated in its <br /> Prospectus, non refund of unutilized amount <br /> of fee after the college already filled up vacant seat<br /> certainly constituted deficiency in service."<br /> In the light of aforesaid principle of law, since complainant has availed of educational services for few days and surrendered seat in the midst of first Semester and further the seat left by him was not proved to be filled in and duration of its vacancy, therefore, it will meet ends of justice to direct opposite party Lovely Institute of Technology to refund the amount after deduction of one fourth of amount of Rs.37529/- with monetary compensation of Rs.2000/- on account of mental agony and physical harassment and cost of litigation of Rs.1000/- payable within one month from the receipt of copy of this order.<br /> Let certified copies of judgment rendered be supplied/despatched to the parties without any unnecessary delay and thereafter file be consigned to record room.<br /> <br /> Announced (Gulshan Prashar ) (Shashi Narang) ( A.K. Sharma )<br /> 13.10.2008 Members President.