Complainant appeared in Entrance Test and on being declared successful, he was allotted a seat in Mechanical Engineering in the petitioner’s college by Punjab Technical University, Jalandhar. -2- Respondent deposited a sum of Rs.43,480/- on 16.07.2008. He surrendered his seat on 05.09.2008 and requested the petitioner to refund the fee and return the original documents. Petitioner neither refunded the fee nor returned the original documents initially but later on, documents were returned. As the documents were returned after some time, respondent lost the opportunity to get admission in another institute. Aggrieved by this, respondent filed the complaint before the District Forum. District Forum vide its order dated 11.11.2009 partly allowed the complaint and directed the petitioner to refund the sum of Rs.42,480/- to the complainant after deducting Rs.1,000/- from the deposited amount in terms of the Notification issued by All India Council for Technical Education (AICTE), along with Rs.5,000/- towards compensation including costs. Petitioner being aggrieved filed the appeal before the State Commission, which has been dismissed by the State Commission. Counsel for the petitioner contends that the respondent had left the college after starting of the course. A similar contention raised by -3- the petitioner was rejected by the fora below on the ground that the petitioner had nowhere pleaded that the respondent had left the institute after the start of the course. Since the petitioner had failed to take the plea that the respondent had left the institute after start of the course, the plea now raised before us cannot be accepted. On merits, we find that the fora below have directed the petitioner to refund the amount in terms of Notification issued by All India Council for Technical Education (AICTE). We find no infirmity in the order passed by the fora below. Dismissed. At this stage, counsel for the petitioner prays that the sum of Rs.25,000/- lying deposited with the State Commission along with accrued interest thereon be paid to the respondent in part satisfaction of the decree. Prayer is accepted. State Commission is directed to release the sum of Rs.25,000/- lying with it, deposited by the petitioner, along with accrued interest thereon to the respondent in part satisfaction of the decreetal amount. Petitioner is directed to pay the balance amount to the respondent within eight weeks. -4- Copy of this order be sent to the respondent. | 
