DUBAI- The Maharashtra State Consumer Disputes Redressal Commission (SCDRC) has upheld a 2020 order against Emirates (EK), ruling 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.
The case involved a Navi Mumbai couple who booked a flight from Mumbai (BOM) to New York (JFK) via Dubai (DXB). Despite several free seats being available, they were charged for adjacent seat pre-booking, prompting a legal complaint that led to this landmark ruling.
Emirates Held Accountable for Unfair Trade Practice
A bench comprising Justice S.P. Tavade (President) and Member Vijay C. Premchandani dismissed Emirates’ appeal and upheld the earlier order issued by the South Mumbai District Consumer Commission.
The complaint, filed by Dr. Keshab Nandy and Mrs. Meenu Pandey, residents of Kharghar, Navi Mumbai, accused the airline of misleading them into paying ₹7,200 for pre-booked adjacent seats.
According to Free Press Journal, the couple had booked their tickets in August 2017. Dr. Nandy, a diabetic and hypertension patient, needed to sit next to his wife for medical assistance during the journey.
However, upon boarding, they noticed that other passengers were allotted free adjacent seats — seats that had been shown as unavailable on the airline’s website during booking.
The District Commission’s 2020 order directed Emirates to refund ₹7,200 with 6% annual interest from October 5, 2017, in addition to ₹5,000 for mental agony and ₹3,000 as litigation costs.
Airline’s Failure to Disclose Free Seat Availability
The SCDRC observed that while airlines may charge extra for certain premium seats, they have a legal and ethical obligation to clearly disclose which seats are free and which require payment.
Emirates’ website, however, did not indicate the availability of free seats even after ticket confirmation, thereby misleading passengers.
The bench held that Emirates’ lack of transparency amounted to a violation of consumer rights, noting that passengers were kept “in the dark” about their true seating options.
This omission effectively forced them to make a payment that was unnecessary, amounting to a deficiency in service under the Consumer Protection Act, 1986.
Commission Identifies ‘Dark Pattern’ Practice
In its reasoning, the Commission drew attention to the 2023 Ministry of Consumer Affairs guidelines on “dark patterns”, which are deceptive design tactics used online to manipulate consumer behavior.
Though these guidelines were not in effect when the incident occurred, the Commission stated that Emirates’ conduct was “analogous to a dark pattern”, concealing free seat information and restricting informed consumer choice.
“The complainants were compelled to pre-book seats by paying extra, even though free seats were available. Such conduct constitutes an unfair trade practice and a violation of consumer rights,” the order noted.
Appeal Rejected
After reviewing the evidence and arguments, the SCDRC concluded that the District Commission’s reasoning was legally sound and based on proper evidence.
Emirates’ appeal was therefore dismissed, and the original order for refund and compensation was upheld.
The ruling sets a precedent for airline transparency, reminding carriers that they must disclose all relevant information about seat pricing and availability.
This ensures that passengers can make informed decisions without being misled by partial or concealed data.
Broader Implications
The judgment reinforces the growing importance of consumer protection in digital commerce and aviation.
With online booking systems dominating travel purchases, full disclosure of costs and options is essential to maintain fair practices.
By classifying Emirates’ conduct as an unfair trade practice, the Commission sends a clear message that concealing information or inducing unnecessary payments will not be tolerated under consumer law in India.
Stay tuned with us. Further, follow us on social media for the latest updates.
Join us on Telegram Group for the Latest Aviation Updates. Subsequently, follow us on Google News
