NCDRC Ruling on Retention of Study Visa Consultation Fees Following Refusal
Litigating Parties: M/s Oceanic Consultants Pvt. Ltd. v. Ramandeep Singh
The complainant engaged Oceanic Consultants for obtaining admission and a study visa for higher education in Australia, paying ₹1,25,000 as professional charges. The visa application was rejected by the Australian High Commission. The immigration consultancy refused to refund any portion of the fee, citing a clause in their client enrollment agreement that all fees were strictly non-refundable regardless of visa outcome.
The National Commission held that an immigration consultancy providing visa packaging services cannot hide behind boilerplate non-refundable clauses when they fail to render effective service. The commission affirmed that while consulates exercise sovereign discretion over visa grants, retaining substantial professional fees when admission or visa processing aborts constitutes an unfair trade practice and deficiency in service under the Consumer Protection Act. The NCDRC directed full reimbursement of the fee with 9% interest and ₹10,000 litigation expenses.