JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL) 1. Learned counsel for the petitioner present. None is present for the respondent/complainant. The Respondent/complainant is absent -2- though he appeared during the initial stages of the case. The respondent be proceeded against ex parte. 2. The respondent/complainant, Daya Chand Prasad took admission in AIEEE for CRP-1 (One Year Classroom Programme) after qualifying the admission test on 12.8.2006. The respondent/complainant paid a sum of Rs.52,753/- to the petitioner/opposite party, M/s FIITJEE Limited. The complainant started attending the classes w.e.f. 17.8.2006. He attended the classes upto October 2006. Thereafter, he asked the petitioner to refund the course fee deposited earlier. The petitioner declined to pay the amount. Therefore, consumer complaint filed before the District Forum. 3. Both the fora below have decided the case against the petitioner. The petitioner was directed to refund a sum of Rs.46,000/- to the complainant. It appears to be the proportionate fees. The State Commission also affirmed that order. 4. We have gone through the celebrated authority reported in Islamic Academy of Education and Anr. vs. State of Karnataka and Ors. MANU/SC/0580/2003 ( (2003) 6 SCC 697) decided by a -3- bench consisting of five Hon’ble Supreme Court judges. Our attention was invited towards para 214, which runs as under:- “214. It must be mentioned that during arguments it was pointed out to us that some educational institutions are collecting, in advance, the fee for the entire course i.e. for all the years. It was submitted that this was done because the institute was not sure whether the student would leave the institute midstream. It was submitted that if the student left the course in midstream then for the remaining years the seat would lie vacant and the institute would suffer. In our view an educational institution can only charge prescribed fees for one semester/year, if an institution feels that any particular student may leave in midstream then, at the highest, it may require that student to give a bond/bank guarantee that the balance fees for the whole course would be received by the institute even if the student left in midstream. If any educational institution has collected fees in advance, only the fees of that semester/year can be used by the institution. The balance fees must be kept invested in fixed deposits in a nationalized bank. As and when fees fall due for a semester/year only the fees falling due for that -4- semester/year can be withdrawn by the institution. The rest must continue to remain deposited till such time that they fall duo. At the end of the course the interest earned on these deposits must be paid to the student from whom the fees were collected in advance.” 5. In view of that position of law and the admission of learned counsel for the petitioner that they have charged the fee for one year only and there was no semester system, the fee was applicable for the whole year. Since the complainant left the course in the midstream, therefore, he is not entitled to any amount for that particular year. 6. Consequently, we accept the revision petition, set aside the orders passed by fora below and dismiss the complaint. The amount already deposited be refunded to the petitioner after the expiry of 90 days. | 
