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The Kerala Pravasi Association, a Delhi-based political group, filed a petition challenging Article 135 of the Airplane Rules 1937 on the grounds that it is arbitrary, vague and unconstitutional.
Airlines have been charging exorbitant, unreasonable and prohibitive prices travel Countries from the Gulf region to Kerala, and elsewhere in India, have demanded the court’s arguments.
According to the petition, this creates serious obstacles for Indians who want to travel to and from these countries, mainly for work, business and education.
The appeal also stated that such exorbitant and unreasonable prices limit air travel as a means of transport and violate the constitutional rights of Indian passengers to travel to and from the Gulf countries.
What does the law say?
Each air carrier subject to sub-rules (1) and (2) of Rule 134 shall set tariffs in accordance with Rule 135 of the Aircraft Regulations 1937, taking into account all relevant factors, including operating costs, service, reasonable profit and generally accepted tariffs.
What was the petitioner’s response?
According to the petition, although Article 135(4) of the Airplane Regulations 1937 gives the DGCA the power, if the airline sets excessive tariffs or engages in oligopolistic conduct in violation of Rule 135(1), the DGCA has the power to sue the airline Instructions are given, but the foregoing is void as the airline is granted an arbitrary and unrestricted power to fix tariffs under Rule 135(1).
The petitioners Kerala Pravasi Association demand that Rule 135 be revoked or immediate preliminary remedy for airline costs. Senior members of the NRI Association claim that this may be the first time a written petition has been filed against Rule 135(1). Kerala Pravasi Association is a political organization with chapters all over the world, including in the United Arab Emirates. The organization is registered with the Election Commission of India.
Kuriakose Varghese, Managing Partner of KMNP Law and Supreme Court Attorney, represented the NRI Group in the lawsuit. Flights to Kerala are the most expensive, according to Rajendran Villapalas, president of Kerala Pravasi Association.High season airfares between India and India based on sector of passenger flight United Arab Emirates May increase from AED 1,500 to AED 3,000.
According to Varghese, the writ challenges section 135(1) of the Aircraft Regulations 1937. He added that certain reasonable limits must be followed when determining the cost of airfare. He also affirmed that his organization will not find a representative for the DGCA based on the court’s decision and will take further action from there.
Market-based fares make it very lucrative and arbitrary, according to Varghese.
“We are glad the High Court did not dismiss our petition,” Vellapalath said. We have been invited to communicate with the DGCA. Based on their responses, he added that the political group was ready to appeal to the Supreme Court of India.
While similar petitions have been filed in the past, Varghese said courts rarely take up such complex cases.
This is a situation where economics and law are intertwined. He noted that stakeholders often take a take-or-drop approach, especially during peak travel periods, it’s a very grey area of ​​operations, and there’s no transparency on the subject.
Several members of the Indian Parliament, community organisations in the UAE, travel agencies and other non-profit organisations have also raised the matter, to no avail.
Villapalas went on to say that in bilateral negotiations, when the two countries engage, civil aviation regulators can decide what fees need to be charged for passengers traveling across sectors. The government can cap the price of tickets at a minimum or a maximum.
During the peak of Covid-19, the government put caps on domestic airfare prices. Vellapalath questioned why the same cannot be done with overseas airlines.
Airlines are reportedly maintaining low peak-season operating capacity between the Gulf and India. Vellapalath claims that the public cannot be exploited. Governments should not allow airlines to create profiles of their citizens. If there is a capacity crunch, have them increase it.
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