The Supreme Court on Monday observed that the sharp fluctuations in airfares and the additional charges imposed by private airlines during festivals and holidays are a matter of “serious concern.”

A Division Bench of Justice Vikram Nath and Justice Sandeep Mehta was hearing a petition seeking regulatory guidelines to curb fluctuations in airfares. During the hearing, the Bench remarked:

“This is a very serious concern. Otherwise, we don’t entertain 32 petition.”

Additional Solicitor General Anil Kaushik, appearing for the Central Government informed the Court that the Government is looking into the issue and a response will be filed within a month.

FIA’s Impleadment Plea Deferred:

When the Federation of India Airlines (FIA) sought impleadment in the cases, the bench refused for now and said that the same will be considered at a later stage. The bench said,

"The union will deal with you. They will call you before taking a decision. They will constitute a committee and take a decision. It is for the ministry to decide. If they don’t, we will consider that later on,"

According to the petition filed before the Court, air travel is no longer a luxury but has become an essential service, particularly during festivals, emergencies, and in situations where rail or road transport is not accessible.

It states that private airlines use opaque, algorithm-based dynamic pricing systems, under which ticket fares can change several times in a single day. The petitioner stated that this practice mainly affects poor and middle-class passengers, who often have to book tickets at the last minute due to emergencies.

Additionally, it mentions that air travel is already recognised as an essential service under the Essential Services Maintenance Act, 1981, which places it on the same footing as railways and postal services. However, it stated that airline ticket pricing currently has no regulatory oversight. It also mentions that airlines have reduced the free baggage allowance from 25 kg to 15 kg and are now charging high fees for excess baggage.

The Petitioner  asked the Court to direct the Union Government and the Directorate General of Civil Aviation (DGCA) to frame strict policies and rules on airfare pricing.

The plea seeks measures to cap surge pricing, regulate baggage and other extra charges, fix clear rules for cancellation and refunds, and set up an independent aviation regulator with the power to protect consumers from exploitation by private airlines.

Bench Slams ‘Exploitation’ During Kumbh:

On 21st January, the Bench raised concerns over what it described as exploitative pricing by airlines especially during festivals and major events such as the Kumbh Mela-

"Look at the exploitation you did during Kumbh," Justice Mehta remarked.

"Not only Kumbh, but every festival," Justice Nath too said.

"Take the statistics for these two towns, Prayagraj and Jodhpur, the flight fares are 3 times the flight fares before the festivals," said Justice Mehta.

The Court directed the respondents to file their counter affidavits in reply to the petition. The Government informed the Court that it is examining the issue and will file its response within a month.

The matter has now been listed for further hearing on 23rd March.

Case Details: S Laxminarayan Versus Union of India and Ors.