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The Supreme Court has taken a tough stance on the arbitrary ‘surge pricing’ imposed by airlines on the pockets of common air travelers in the country during festivals, holidays and emergencies. Hearing the arbitrariness of the aviation companies and the skyrocketing prices of air tickets, the country’s top court made a blunt comment and said that if the airlines do not follow the government rules and instructions, then their flights should be stopped with immediate effect i.e. they should be ‘grounded’. A division bench of Justice Vikram Nath and Justice Sandeep Mehta has given a strict ultimatum of 3 weeks to the Central Government to finalize the new aviation rules.
Supreme Court’s strict comment: Immediately ground airlines that do not obey orders
Supreme Court social worker S. It was hearing a PIL filed by Lakshminarayan, seeking a transparent and independent regulatory framework to control unexpected fluctuations in airfares, dynamic pricing, cancellations and excess baggage charges by private aviation companies. During the hearing, when the court was told that despite the Office Memorandum (OM) of the Aviation Ministry, the airlines were charging arbitrary fares, the bench asked the Central Government counsel as to how many cases have the government strictly implemented these memorandums so far. Expressing displeasure, the bench clearly said that no airline company violating the rules should be spared and their flights should be immediately grounded.
Indian Aircraft Act 2024 and the stance of the Central Government
Additional Solicitor General (ASG) Anil Kaushik, appearing for the Central Government, informed the court that the process of making new rules under the ‘Indian Aircraft Act, 2024′ has been fast-tracked. The government presented the draft of the proposed rules before the bench in a sealed cover and informed that final level discussions are going on on some points. The Solicitor General sought three weeks’ additional time from the apex court to finalize and notify the draft rules. Accepting this request, the Supreme Court directed the government to submit the final rules within 3 weeks and scheduled the next hearing of the case on September 7.
Petitioner’s lawyers raised questions on his statement of helplessness in Parliament
Senior advocate Ravindra Srivastava, appearing for the petitioner, argued in the court that until new rules are notified, the old rules are in effect, but due to lack of administrative will, the companies are charging exorbitant fees from passengers. He cited the old statement of the Civil Aviation Minister in Parliament in which it had been said that the government cannot impose any upper limit on air fares. The senior lawyer argued that when the Ministry itself declares itself helpless, then the airlines get a free hand to charge arbitrary fares. On this, the Supreme Court expressed concern that it is essential to have a strong and binding regulatory mechanism to protect the rights of passengers.
On which major issues are passengers expected to get relief from the new rules?
The following major anomalies are set to be curbed under the new aviation rules to be prepared in the coming 3 weeks:
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Controlling Excessive Surge Pricing: Fixing rationalization on increasing ticket prices by 4 to 5 times during festivals (like Diwali, Chhath, Durga Puja) and natural calamities.
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Additional luggage and seat selection charges: To ensure transparency in Ancillary Charges levied by airlines in the name of web check-in, preferred seat and excess baggage over and above the basic fare.
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Ticket Cancellation and Refund Policy: Reform of heavy deduction charges levied by airlines in case of flight cancellation or passenger cancellation of ticket and obligation to issue full refund within stipulated time frame.
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Independent Aviation Regulator: To create an effective consumer protection regulatory mechanism in the aviation sector on the lines of TRAI in the telecom sector.