Judgment ( 1. ) Heard. ( 2. ) The petitioner has filed this petition for a direction to the respondent to refund the fee of Rs. 77,000.00 and further direction to award compensation of Rs. 1,00,000.00. ( 3. ) The petitioner passed B.Com. in the year 2006. Thereafter he appeared in Common Admission Test (CAT) 2005 for admission in MBA Course. The petitioner was invited for group discussion and personal interview for admission to MBA Course 2006-08 by Indian Institute of Tourism and Travel Managment, Govindpuri, Gwalior vide letter dated 7th February 2006. He appeared in the group discussion. Thereafter vide letter dated 18th April, 2006, issued by the Indian Institute of Tourism and Travel Managment Govindpuri, the petitioner was informed that he has been selected for admission to MBA Course 2006-08 at IITTM Govindpuri, Gwalior and the session was likely to start from 10th of July 2006. In accordance with the aforesaid letter, the petitioner deposited the fee of Rs. 77,000/- vide Demand Draft. Thereafter the petitioner had attended some classes at the Institute for MBA for near about 4 days. As per the petitioner, he was ill and could not attend the classes from 1.8.2006 and he returned back to the campus of the Institute on 17.8.2006. Thereafter he was told that the MBA course of the Institute has been changed into PGDBM (Post Graduate Diploma in Business Management). The petitioner vide letter Annexure-P/5, dated 18.7.2006, informed the Director of the Insitute that he was not willing to take admission in PGDBM Course and his fee be refunded back along with original documents so he could get admission in another institute. As per the petitioner the respondent did not refund the fee. ( 4. ) The respondent-Institute in the return submitted that the result of MBA Course for the session 2005-07 which was being conducted at the Institute in collaboration with M.P.Bhoj (Open) University was not fruitful. Hence, the students of MBA First Year Course for the Session 2006-08 requested the Managment to change the MBA Course to PGDBM Course and subsequently all the students of MBA were permitted to continue the PGDBM Course as approved by the AICTE. It has further been stated that the father of the petitioner submitted an application to the managment that original documents of the petitioner be returned back and he further agreed to receive back the caution money. It has further been stated that the father of the petitioner submitted an application to the managment that original documents of the petitioner be returned back and he further agreed to receive back the caution money. Hence, there is no fault on behalf of the Institute in non-refunding the fee to the petitioner because as per the prospectus, the tution fee is not refundable. ( 5. ) Learned counsel for the petitioner has submitted that the institute was not able to provide education to the petitioner of MBA Course, hence, it is obligatory on the part of the respondent to refund the fee of Rs. 77,000/- and the petitioner is also entitled to get compensation. ( 6. ) Contrary to this, learned counsel for the respondent has submitted that as per the prospectus of the Institute, fee charged from the petitioner is nonrefundable. It has further been submitted that the Institute was willing to offer MBADegree Course to the petitioner from M.P. Bhoj (Open) University, Bhopal and the petitioner himself voluntarily did not pursue the aforesaid course, hence, the Institute is not liable to refund the fee. ( 7. ) From the facts of the case, it is clear that on the basis of marks obtained by the petitioner in Common Admission Test (CAT) 2005 for purpose of MBA Degree Course, he was called for group discussion and personal interview for admission into MBA Course for the Session 2006-08. The petitioner was offered the course by the respondent-institute of MBA. The petitioner appeared in personal interview and thereafter he was selected for MBA Course at IITTM, Govindpuri, Gwalior. As per the return filed by the respondent-institute, subsequently, the institute has changed the Degree Course of MBA to PGDBM. It has further been mentioned in the return that the aforesaid change has been done on the request of the students. But the fact remains that the respondent institute was not able to provide MBA Course to the petitioner as per the terms and conditions of admission, in such circumstances, in my opinion, the petitioner is entitled to receive the fee of Rs. 77,000/- though there is a provision in the prospectus that the fee is not refundable. In my opinion, the petitioner is not entitled for compensation, because after perusal of the petition as well as return, it could not be held that respondent-institute played any fraud. ( 8. 77,000/- though there is a provision in the prospectus that the fee is not refundable. In my opinion, the petitioner is not entitled for compensation, because after perusal of the petition as well as return, it could not be held that respondent-institute played any fraud. ( 8. ) Consequently, the petition of the petitioner is allowed to the extent that the respondent - institute is directed to refund the fee of the petitioner of Rs. 77,000.00 within a period of four weeks from today, failing which the petitioner shall be entitled to receive interest at the rate of 12% per annum on the amount of Rs. 77,000.00.