Introduction
The Mumbai State Consumer Disputes Redressal Commission held that Emirates Airlines is liable for forcing consumers to pay a premium amount to pre-book their flight seats and not providing correct information regarding the availability of free seats. The concerned position was a result of the case Emirates Airlines v. Dr. Keshab Nandy. The decision was taken on 25th September, 2025. [Emirates Airlines v. Dr. Keshab Nandy Appeal No. A/2021/15]
Background
In this case, the complainants booked flight tickets from Mumbai to New York via Dubai from Emirates Airlines on 26th August, 2017. They completed their journey. The complainants were told that there was a heavy rush and, therefore, no possibility of getting convenient seats. Due to this, they did web checking to ensure that they got preferred seats. The availability of free seats was limited, and those could be allotted within 48 hours before the departure of the flight. As the free seats were limited, the complainants did web checking and paid Rs. 7,200. However, on reaching the airport, they came to know that free seats were available, and they were misguided by the airline into paying an extra amount for booking seats. The complainants decided to raise a complaint on the grounds of a deficiency in service.
The South Mumbai District Consumer Commission allowed the complaint and directed the airline to refund Rs. 7200 along with 6 percent interest. It was also directed to pay Rs.5000 as compensation for mental agony and Rs.3000 as litigation costs. Following this, the airline appealed before the Mumbai State Commission. It argued that the complainant reserved their seats as per their choice and were not forced to pre-book seats.
Key Points
On the practice of premiums- The Commission acknowledged that all airlines accept premiums on some tickets. But it is the duty of the airline to notify which seats they wish to sell for a premium. There was also a duty on them to disclose which seats are available for free. In this case, the airline failed to inform the complainants about the free seats available on the flight. They should have been informed about the availability of free seats immediately after booking the tickets. Due to this, the complainants felt compelled to pre-book seats to ensure proper seating.
On Dark Patterns in Business: The Ministry of Consumer Affairs, Food, and Public Distribution’s Department of Consumer Affairs has issued guidelines for the Prevention and Regulation of Dark Patterns. It is defined as any practice using UI/UX (user interface/user experience) interactions on any platform, designed to mislead or trick users into doing something they originally did not intend to do. This can be done by reducing consumer autonomy, decision-making power, misleading advertisements or unfair trade practices, or violation of consumer rights. In this case, the airline withheld crucial information from the consumer, which would have enabled them to make an informed decision. By not providing proper information on the availability of free seats, the airline has violated consumer rights and engaged in unfair trade practices.
Recent development
Following the above reasoning, the Commission found that the airline had violated consumer rights. This decision ensures that airlines act with transparency and accountability.
Conclusion
In conclusion, the Commission held that complainants were forced to pre-book flight tickets even though free seats were available, and this caused mental agony. It upheld the order of the District Commission.
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WRITTEN BY: FARZEEN ZAMAN
