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Preparations have now been completed to crack down legally on the arbitrariness of private airlines and the skyrocketing prices of air tickets during the festive season, weddings and holidays. An important hearing was held in the Supreme Court on the PIL filed regarding unexpected fluctuations in air fares, dynamic surge pricing and baggage charges. After the tough stance of the apex court, the central government has officially assured the court that the new rules to control and make the air fares transparent have been completely finalized and have also received administrative approval. The government told the court that these rules would be officially notified and published within the next two weeks. After this assurance, Justice Vikram Nath, Justice R. A special bench of Justice Mahadevan and Justice Aparesh Kumar Singh has given strict instructions to the Center to present the published rules before the court on the next hearing i.e. on November 16.
Petitioner social worker S. Senior advocate Ravindra Srivastava, appearing for Lakshminarayan, argued in the court that on big occasions like Diwali, Chhath, Durga Puja or Mahakumbh, airlines increase the prices of tickets by 3 to 4 times as demand increases. For the same destination, one airline is charging Rs 8,000 in economy class while another is charging Rs 18,000 to Rs 20,000 on the same day. While commenting verbally on this arbitrary plunder, the bench also said that he himself has been a victim of this sudden increase in air fares and surge pricing. The court said that rationalization of fares is essential so that common citizens and families making last-minute emergency journeys cannot be exploited.
Solicitor General Tushar Mehta, on behalf of the Central Government, informed the bench that a draft of new comprehensive rules has been prepared under the statutory provisions of the ‘Indian Aircraft Act, 2024’. Earlier, the government had placed the draft before the court in a sealed envelope, which has now been given administrative seal after final deliberations. This new framework will give the Directorate General of Civil Aviation (DGCA) and the Ministry the legal power to regularly monitor the route-wise base fare, upper cap and dynamic algorithms of airlines, so that tickets are not made artificially expensive during peak hours or festivals.
The petition filed in the Supreme Court takes serious objection not only to the expensive tickets but also to the various ‘hidden charges’ and ancillary fees being levied by the airlines:
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Reduction in free check-in baggage: Earlier, economy class passengers were allowed to carry 20 to 25 kg of free check-in luggage, which private airlines have quietly reduced to 15 kg (and only one bag).
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Source of additional income: It is alleged that passengers who travel with only cabin bags without any check-in baggage are not given any discount or concession in tickets, while heavy penalty per kg of excess weight is charged.
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Seat Selection and Cancellation Fees: Practices like mandatory seat fees in the name of web check-in and deducting a large portion of the basic fare on ticket cancellation have also been termed as non-transparent and unfair trade practices.
The petitioner has demanded that on the lines of TRAI for the telecom sector and independent regulatory bodies for electricity and insurance, an independent Aviation Regulatory Authority should be formed to protect the rights of consumers in the aviation sector. After the gazette notification of the new rules by the Central Government in the next two weeks, the picture will be clear whether the government has imposed a strict upper cap on fares or has limited the profit margin and surge formula of airlines. The hearing to be held in the Supreme Court on November 16 can not only provide relief to the budget of crores of domestic air passengers of the country, but will also pave the way to permanently curb the monopoly and arbitrary attitude of the airlines.