Ombudsman or not? Ministry to call meet with airlines and airports

Move to address flier grievances

The Ministry of Civil Aviation (MoCA) is planning to call a meeting with airlines, airports, and regulators to discuss whether an ombudsman is needed in Indian aviation to address customer grievances.
 

“The MoCA will call a meeting to compile the views of stakeholders and review the proposal ... Since the MoCA already has AirSewa (helpline) to address grievances of air passengers, we will examine in detail the value addition that an ombudsman mechanism will bring about,” the MoCA spokesperson told Business Standard.
 

The ministry has asked carriers, airports as well regulators (Directorate General of Civil Aviation and Bureau of Civil Aviation Security) to send their written comments on this matter, sources told the newspaper.

On November 10 last year, Consumer Affairs Secretary Rohit Kumar Singh wrote to Aviation Secretary Vumlunmang Vualnam, expressing concern about airlines charging separately for seat selection during web check-in. He pointed out that offering free mandatory web check-in and later charging for seat selection “(mislead) consumers and amounts to ‘unfair trade practice’ under the Consumer Protection Act, 2019”. Singh stated the MoCA “may also like to consider setting up an ombudsman similar to 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”.
 

Vualnam responded on November 30, saying establishing an ombudsman for a time-bound resolution of consumer issues in aviation required “thorough examination and deliberations” with stakeholders under the control of the MoCA.
 

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

On November 8 last year, Singh held a meeting with online travel aggregators to discuss issues prejudicial to consumer interests in the travel sector. Platforms were asked to process pending consumer refunds from the Covid-19 lockdown period. It was also deliberated that for an effective resolution of consumer complaints, the National Consumer Helpline (NCH) might be integrated with the AirSewa portal. Further, the establishment of an ombudsman for a time-bound resolution of consumer grievances was also deliberated.
 

In his letter, 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 mentioned lockdown period, numerous passenger complaints were currently pending with the helpline.
 

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 NCH with that of AirSewa for speedier disposal of consumer grievances pertaining to airlines,” Singh noted.
 

Vualnam responded by saying the 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 concerned airlines,” he added.
 

On the issue of integration of the NCH with AirSewa, Vualnam said that “the suggestion has been noted” and the AirSewa team will 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 had issued a circular allowing airlines to impose fees for passengers choosing “preferential” seats.
 

“However, seat purchase during the web check-in process is not mandatory. Also, web check-in is not mandatory. Additional charges are only applicable if the passenger opts to avail preferential seats during the web check-in process. Unbundling of 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.

Aviation conundrum
 

- Consumer Affairs Secretary Rohit Kumar Singh had expressed concern about airlines charging for seat selection during web check-in, suggesting the need for an ombudsman 

- Aviation Secretary Vumlunmang Vualnam said there was a need for thorough examination and deliberations with stakeholders regarding the ombudsman proposal

- Airlines are currently allowed to charge for preferential seats during web check-in, but it’s not mandatory

- Also, despite a Supreme Court order, some airlines have not refunded tickets booked for travel during the Covid-induced lockdown period

- DGCA issued a circular asking airlines to refund tickets and clarified the policy on web check-in charges