ConsumerProtection – SpiceJet Penalised Over Ticket Booking Practices by Consumer Authority
ConsumerProtection – India’s consumer protection regulator has imposed a monetary penalty on low-cost airline SpiceJet after finding that certain features on its ticket booking platform did not comply with consumer protection rules. The Central Consumer Protection Authority (CCPA) levied a fine of Rs 1 lakh, stating that the airline used online booking methods that could influence customer decisions without obtaining clear and informed consent. The action comes at a time when the airline continues to deal with broader operational and financial challenges.
CCPA Cites Use of Misleading Booking Features
According to the order issued by the CCPA, the airline adopted what are commonly described as “dark patterns” during the online ticket booking process. These design techniques can guide users toward choices they may not have intended to make, such as automatic selection of additional services, default enrolment in loyalty programmes, promotional subscriptions, or other optional features without explicit approval.
The authority said these practices violated provisions of the Consumer Protection Act, 2019, including those related to unfair trade practices, misleading representations, and unfair contractual terms. It also noted that the airline failed to meet the requirements of the Consumer Protection (E-Commerce) Rules, 2020, and the Guidelines for Prevention and Regulation of Dark Patterns, 2023.
Default Selections Raised Regulatory Concerns
The regulator observed that customers were automatically enrolled in the Spice Club loyalty programme because the relevant option had already been selected before booking. It also found that users were considered to have agreed to receive promotional communications through pre-selected options, rather than giving active consent themselves.
The CCPA stated that even after receiving a notice, the airline replaced one pre-selected option with another that continued to automatically opt customers into receiving marketing messages through SMS, WhatsApp, and email. The authority said this represented a continuation of the same practice in a modified form.
Officials further noted that some consent statements used during the booking process were framed in a confusing or negatively worded manner, creating the possibility that consumers could misunderstand what they were agreeing to. The regulator said such methods weaken informed decision-making and reduce transparency in customer interactions.
Airline Attributes Issue to Technical Error
During the proceedings, SpiceJet informed the authority that the issue resulted from a technical problem rather than an intentional practice. The airline has now been instructed to submit a formal undertaking confirming that corrective measures have been implemented and that the changes will remain in place on a permanent basis.
Industry Reaction Questions Size of Fine
Although regulatory action was welcomed by some observers, the amount of the penalty drew criticism from sections of the aviation industry. Airline Pilots Association of India President Captain Sam Thomas said the financial penalty was too small to discourage similar conduct.
He argued that comparable booking practices are common across the airline sector and questioned whether a Rs 1 lakh fine would have any meaningful impact on industry behaviour. Thomas also referred to earlier regulatory action involving another airline, noting that significantly higher penalties had been imposed in different cases involving operational disruptions.
Speaking about SpiceJet separately, he alleged that the airline has been operating under financial pressure for several years and claimed that former employees have raised concerns regarding compliance with safety standards. These allegations have not been independently verified in connection with the CCPA order.
Government Acknowledges Regulatory Action
Consumer Affairs Minister Prahlad Joshi shared details of the CCPA’s decision through a post on the social media platform X. Meanwhile, SpiceJet did not issue an official response to media queries regarding the regulator’s order at the time the report was published.