₹8,000 vs ₹18,000 For Same Flight: Supreme Court Questions Arbitrary Airfare Hike

The Bench of Justice Vikram Nath and Justice Sandeep Mehta was hearing a plea seeking regulatory guidelines to curb arbitrary airfare fluctuations and additional charges imposed by airlines.

During the hearing, Solicitor General Tushar Mehta, appearing for the Centre and the Directorate General of Civil Aviation (DGCA), informed the Court that the new Bhartiya Vayuyan Adhiniyam, 2024 had come into force and rules under the new law were currently being framed.

“There’s a new Act that has come into force. The rules are under consultation. We will consider all aspects,” Mehta told the Court.

The Bench, however, pointed to glaring fare discrepancies on the same routes. “Try to give some relief to people because of the discrepancy. On the same day, flights to the same sector; one airline charges ₹8,000 while another charges ₹18,000 in economy class,” the Court remarked.

The Solicitor General acknowledged the issue but argued that any long-term solution would have to come through statutory rules. “I am not disputing the problem, but the solution has to be through statutory rules,” he submitted.

Counsel for the petitioner argued that effective mechanisms already existed under the earlier aviation regime and alleged that authorities were simply not exercising their powers.

The petitioner pointed out that under the existing framework, the DGCA could issue directions if airlines were found charging predatory or excessive fares.

“No directions are being issued. It’s a case of non-exercise of powers,” the petitioner argued.

The SG responded that directions were indeed being issued and reiterated that fresh rules under the 2024 law were in the pipeline.

When the Court asked how long the government would need to finalise the new rules, the petitioner pressed for immediate intervention, saying the issue was urgent as airfare spikes during holidays were touching nearly 300%.

The Court, however, remarked that the matter was not limited to summer vacations alone. “It’s a lifelong purpose. It’s not like you filed this petition only for summer vacations,” the Bench observed.

In a lighter moment during the hearing, after the petitioner highlighted that airline fares were increasing by 300%, the Court quipped: “Lawyers’ fees also go up to 400%. What to do?”

The petitioner quickly responded: “We are for the consumers.”

The Supreme Court has now granted time to the petitioner to file a reply to the DGCA’s affidavit and listed the matter for further hearing on July 13, the reopening day after the court vacation.

Notably, in February the Court had observed that fluctuations in airfare of private airlines during festive seasons and holidays is a matter of "serious concern". The bench had said, "This is a very serious concern. Otherwise, we don’t entertain 32 petition".

Previously, the Court had granted four weeks to the Union of India, Directorate General of Civil Aviation and Airports Economic Regulatory Authority of India to file its counter affidavit in the petition filed by social activist and frequent air traveller, S. Laxminarayanan seeking urgent judicial intervention to curb what he described as “unchecked, opaque and exploitative” airfare practices by private airlines in India.