Emirates Airline Liable For Forcing Passengers To Pay For Pre-Booked Seats Despite Free Availability: Mumbai State Commission

The Mumbai State Consumer Disputes Redressal Commission bench comprising S.P Tavade, President and Vijay C. Premchandani, Member has held Emirates Airlines liable for forcing the complainants to pay a premium amount to pre-book their flight seats and not providing correct information regarding availability of free seats. Brief facts: The complainants booked flight tickets from Mumbai to New York via Dubai from Emirates Airlines ('Airline') to attend a family gathering and received confirmation on 26.08.2017. They had also booked return tickets on 15.09.2017. The complainants travelled to the USA and returned. As per the complainants, due to heavy rush there was no possibility of getting convenient seats and hence web checking was done. The availability of free seats was limited and those could be allotted within 48 hours before departure of the flight. However, the complainants were not sure that they would get free seats. Hence, the complainants did web checking and paid Rs. 7,200/-. It was further stated that when the complainants reached the airport, they came to know that free seats were available and that the complainants were misguided by the airline for paying an extra amount for booking of seats. Thus, a complaint was filed by the complainant alleging deficiency in service. The South Mumbai district consumer commission allowed the complaint of the complainants and directed the airline to refund the amount of Rs. 7,200/- @6% interest. The airline was also directed to pay Rs. 5,000/- as compensation for mental agony and Rs. 3,000/- as litigation costs. Hence, an appeal was preferred by the airline before the Mumbai State Commission. Submissions of the airline: It was submitted that the complainants reserved their seats as per their choice by paying an amount of Rs. 7,200/- and were never forced to pre-book the seats. It was further submitted that if the complainants would have waited for checking 48 hours prior to departure they could have chosen their available seats free of charge. Observations of the commission: The bench observed that though all airlines accept premium to sell some tickets but at the same time it was their duty to notify which seats they wish to sell for premium. It was further observed that the complainants should have been informed about the availability of free seats available on the flight immediately after booking. As per the commission, the complainants were kept in the dark and were not provided proper and correct information regarding the availability of free seats. It was further observed that the airline has followed a dark pattern as defined in the guidelines for Prevention and Regulation of Dark Patterns issued by the Ministry of Consumer Affairs, Food and Public distribution department. As per the guidelines, 'dark pattern' means any practices or deceptive design patterns using UI/UX interactions designed to mislead users to do something they originally did not intend to do. Thus, it was held that the airline has violated the consumer rights and played unfair trade practice thereby causing mental agony and trauma to the complainants. Hence, the appeal was dismissed, and the order of the South Mumbai district commission was upheld as under: Refund of Rs. 7,200 @6% interest Rs. 5,000 as compensation for mental agony Rs. 3,000 as litigation costs Case Title: Emirates Airlines vs Dr. Keshab Nandy Case Number: Appeal No. A/2021/15 Date of Decision: 25.09.2025 Click Here To Read/Download The Order

Emirates Airline Liable For Forcing Passengers To Pay For Pre-Booked Seats Despite Free Availability: Mumbai State Commission

Aakanksha Bajoria

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