Mumbai: The Maharashtra State Consumer Dispute Redressal Commission (SCDRC) has upheld a 2020 order against Emirates Airlines, holding it guilty of unfair trade practice and deficiency in service for compelling passengers to pay for seat pre-booking despite the availability of free seats.
Complaint Filed by Navi Mumbai Couple
A bench comprising Justice S.P. Tavade (President) and Member Vijay C. Premchandani dismissed the airline’s appeal and confirmed the South Mumbai District Consumer Commission’s 2020 order in the case filed by Dr. Keshab Nandy and Mrs. Meenu Pandey, residents of Kharghar, Navi Mumbai.
Refund and Compensation Ordered
The District Commission had earlier directed Emirates to refund Rs 7,200, which the complainants had paid for pre-booking adjacent seats, with 6% interest from October 5, 2017, along with Rs 5,000 for mental agony and Rs 3,000 towards litigation costs.
Airline Failed to Disclose Free Seat Availability
According to the complaint, the couple had booked tickets from Mumbai to New York via Dubai in August 2017. Dr. Nandy, a diabetic and hypertension patient, required an adjacent seat to his wife for medical assistance during travel.
The couple alleged that the airline’s website showed limited seat availability, prompting them to pre-book adjacent seats by paying Rs 7,200. However, at the time of boarding, they learned that several free seats were available, which other passengers had been allotted without any additional charge.
SCDRC Cites Consumer Rights Violation
The SCDRC noted that although airlines may sell certain premium seats at higher rates, they are duty-bound to inform passengers which seats are free and which are chargeable. Emirates, it said, failed to disclose the availability of free seats even after ticket booking, thereby keeping the complainants “in the dark.”
Commission Labels Practice as ‘Dark Pattern’
“The complainants were impliedly forced to pre-book seats by paying charges, though free seats were available. Such practice amounts to unfair trade practice and violation of consumer rights,” the Commission observed.
Guidelines on Dark Patterns Referenced
The order also discussed the 2023 guidelines issued by the Ministry of Consumer Affairs to curb “dark patterns” — deceptive online practices designed to mislead consumers. While the guidelines could not be applied retrospectively, the Commission remarked that Emirates’ actions effectively amounted to a dark pattern by concealing information and impairing consumer choice.
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Commission Dismisses Airline’s Appeal
Concluding that the District Commission’s findings were sound, the SCDRC stated, “We find no error in the reasoning and order passed by the District Commission. The appeal has no merit and stands dismissed."
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