Establishment of aviation ombudsman needs deliberations: Aviation secretary

Airlines free to charge fees for preferential seats during web check-in: Aviation secretary

Establishing an ombudsman for a time-bound resolution of consumer issues in the aviation sector requires a “thorough examination” and “deliberations” with stakeholders under the control of the aviation ministry, Aviation Secretary Vumlunmang Vualnam has told Consumer Affairs Secretary Rohit Kumar Singh.

Moreover, Vualnam told Singh the airlines were free to charge passengers when they opted for “preferential seats” during the web check-in process under the current rules.

On November 10, Singh wrote to Vualnam, expressing concern about airlines charging separately for seat selection during web check-in. He pointed out offering free mandatory web check-in and later charging for seat selection “misleads consumers and amounts to ‘unfair trade practice’ under the Consumer Protection Act, 2019”.

Singh stated the aviation ministry “may also like to consider setting up an ombudsman similar to (the) electricity ombudsman and insurance ombudsman, to ensure a time-bound resolution of consumer issues within the airline sector and the need for the same was also strongly advocated by representatives from travel platforms and consumer organisations”.

On November 8, Singh had held a meeting with online travel aggregators to discuss issues prejudicial to consumer interests in the travel sector. The platforms were asked to process pending consumer refunds from the lockdown period.

To resolve consumer complaints, integrating the National Consumer Helpline (NCH) with the Air Sewa portal (the aviation ministry’s helpline) was discussed. Establishing an ombudsman for a time-bound resolution of consumer grievances was also deliberated on.

The aviation and consumer affairs ministries did not respond to Business Standard’s queries on this matter.

In his letter dated November 10, Singh highlighted another concern about airlines not refunding tickets booked for travel between March 25, 2020, and May 24, 2020. During this period, the central government had suspended all commercial passenger flights due to the Covid-induced lockdown.

Singh informed Vualnam that despite a Supreme Court order in October 2020 directing airlines to fully refund tickets for travel during the lockdown period, numerous passenger complaints were pending with the NCH. 

When questioned about the issue, travel platforms such as Makemytrip, Yatra, and Cleatrip attributed the delay to the airlines, according to Singh.

“Throughout the deliberations in the meeting, both the Department of Consumer Affairs and Ministry of Civil Aviation emphasised the need for collaborative effort towards resolving consumer disputes in the aviation sector and highlighted the need to integrate the NCH with that of Air Sewa for a speedier disposal of consumer grievances pertaining to airlines,” Singh noted.

Vualnam responded to Singh’s letter on November 30, stating that the Directorate General of Civil Aviation (DGCA) had in October 2020 itself issued a circular asking all airlines to “make all endeavours” to refund the tickets.

“While many have been refunded, this ministry will take up pending cases with the airlines concerned,” he added.

On integrating the NCH with Air Sewa, Vualnam said “the suggestion has been noted” and the Air Sewa team would take up this matter separately with the NCH team in the Consumer Affairs Ministry.

Vualnam clarified the aviation ministry’s position on web check-in charges, stating that in 2021, the DGCA issued a circular allowing airlines to impose fees on passengers choosing “preferential” seats.

“However, seat purchase during the web check-in process is not mandatory. Also, web check-in is not mandatory, either. Additional charges are only applicable if the passenger opts to avail themselves of preferential seats during the web check-in process. Unbundling services and charges thereto provides the consumer an option of not paying for undesired services. Therefore, the government allowed services to be unbundled and charged separately on an opt-in basis,” he said.

On the issue of “ombudsman”, Vualnam said: “Setting up an ombudsman is a policy decision that requires thorough examination and deliberations with stakeholders and respective organisations under the control of this ministry.”