ORDER (Per: Justice B.C. Kandpal, President): This is an appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 09.05.2012 passed by the District Forum, Dehradun in consumer complaint No. 315 of 2011. By the order impugned, the District Forum has allowed the consumer complaint and directed the opposite party – appellant to refund sum of Rs. 1,20,300/- to the complainant – respondent and also to pay Rs. 10,000/- to the complainant towards mental agony and Rs. 10,000/- towards litigation expenses. The above amount was directed to be paid within a period of 30 days from the date of the order, failing which the same was to carry interest @9% p.a. from the date of filing of the consumer complaint till payment. 2. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that the complainant had admitted his son Sh. Anant Bhardwaj in the opposite party – institute, namely, Dehradun Institute of Technology in B. Tech. 1st year I.T. Branch for the session 2011-12 and deposited sum of Rs. 1,20,300/- on 05.09.2011. The son of the complainant attended six classes for the period from 06.09.2011 to 13.09.2011 and had to leave the institute on account of personal reasons, which fact was immediately informed to the opposite party and request was made for cancellation of admission of the complainant’s son and consequently the admission was cancelled. The complainant requested to the opposite party for refund of deposited fee, but the same was not refunded. Therefore, alleging deficiency in service on the part of the opposite party, the complainant filed a consumer complaint before the District Forum, Dehradun. 3. The appellant filed written statement before the District Forum and pleaded that the appellant is not liable to refund the entire deposited fee and is liable to refund only sum of Rs. 26,050/- and nothing more than that. 4. The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 09.05.2012 in the above terms. Aggrieved by the said order, the appellant has filed this appeal. 5. We have heard the learned counsel for the appellant and respondent – complainant in person and have also perused the record. 6. 4. The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 09.05.2012 in the above terms. Aggrieved by the said order, the appellant has filed this appeal. 5. We have heard the learned counsel for the appellant and respondent – complainant in person and have also perused the record. 6. It is an admitted fact between the parties that the complainant had requested the opposite party for cancellation of admission of his son and the opposite party had accordingly cancelled the admission of the son of the complainant. 7. The complainant has taken up the matter with regard to non-refund of the fee by the opposite party with Uttarakhand Technical University, Dehradun, who per their letter dated 26.12.2011 (Paper No. 35) has directed the opposite party to refund the fee to the complainant as per the rules and regulations of All India Council for Technical Education, New Delhi. The Additional Secretary of the Govt. of Uttarakhand, Dehradun vide his letter dated 19.01.2012 (Paper No. 36), has also directed the opposite party to refund the fee to the complainant as per the Public Notice issued by All India Council for Technical Education, New Delhi and the letter dated 12.11.2011 of Uttarakhand Technical University, Dehradun. The opposite party has not taken any cognizance of the letter issued by the Govt. of Uttarakhand or Uttarakhand Technical University, Dehradun or even All India Council for Technical Education, New Delhi and did not refund the fee to the complainant. 8. Since all the authorities and even the State Govt. has directed the opposite party for refund of the fee to the complainant and even the All India Council for Technical Education, New Delhi, with which the opposite party – institute is affiliated, has also per their letter dated 29.02.2012 (Paper No. 39), have specifically directed the opposite party that all necessary steps be taken to prevent commercialization of Technical Education and that non-refund of fee subsequent upon a student not continuing with the course, amounts to commercialization of education, the opposite party – institute is clearly guilty of deficiency in service by not refunding the fee deposited by the complainant. This apart, as has also been taken note of by the District Forum, the opposite party has not adduced any evidence to show that the seat left by the son of the complainant, remained vacant during the whole session and the opposite party suffered any monetary loss on account of the seat vacated by the son of the complainant. 9. The District Forum has taken into consideration all the facts and aspects of the matter and has rightly allowed the consumer complaint and directed the appellant – opposite party to refund the fee of Rs. 1,20,300/- to the respondent – complainant. Since the appellant has made deficiency in service by not refunding the fee to the complainant, therefore, the complainant is entitled to interest @9% p.a. on the said amount from the date of filing of the consumer complaint till payment. Since the complainant has been awarded interest, therefore, there is no question of separate compensation for mental agony and the award of Rs. 10,000/- passed by the District Forum, need to be set aside. The litigation expenses of Rs. 10,000/- awarded by the District Forum are on the higher side and in our considered view, the same need to be reduced to Rs. 5,000/-. Thus, the appeal succeed partly and is to be allowed accordingly. 10. For the reasons aforesaid, appeal is partly allowed. Order impugned dated 09.05.2012 of the District Forum is modified and the appellant – opposite party is directed to pay sum of Rs. 1,20,300/- to the respondent – complainant together with interest @9% p.a. from the date of filing of the consumer complaint till payment and Rs. 5,000/- towards litigation expenses. Costs of the appeal made easy.