The group has sought urgent interim relief on the high air ticket fares in its petition
PRAVASISAMWAD.COM
New Delhi-based political group Kerala Pravasi Association has filed a writ petition in the Delhi High Court challenging the high prices of air tickets on flights operating between Gulf countries and India. The group has sought urgent interim relief on the high air ticket fares in its petition.
The Delhi High Court on August 22 has asked a representation from the Directorate General of Civil Aviation (DGCA) to hear a writ petition with regard to exorbitant air fares in the sector, according to a Khaleej Times report.
The petition has challenged Rule 135(1) of the Aircraft Rules, 1937, stating that it was vague, arbitrary and unconstitutional. The petition also said that airlines have been charging unreasonable, excessive, and prohibitive airfares for travel from the Gulf region countries to Kerala and the rest of India.
“Resultantly, Indian citizens who wish to travel to and from these countries primarily for employment, business, and education are facing grave impediments,” read the petition.
“The peak season India-UAE airfares often go up to anything between Dh 1,500 to Dh 3,000, depending on the sector the passenger is flying. Kerala sector flights are among the most expensive.”
— Rajendran Vellapalath, Chairman of the Kerala Pravasi Association
“Furthermore, it is submitted that such unreasonable and exorbitant airfares impose restrictions on air travel as a mode of transportation and, thereby, infringe the constitutionally protected rights of the Indian passengers to or from Gulf countries,” it added.
The law states that: “I35 (1) . Tariff- (1) Every air transport undertaking operating by sub-rules (I) and (2) of rule 134 shall establish a tariff having regard to all relevant factors, including the cost of operation, characteristics of service, reasonable profit and the generally prevailing tariff.”
The petition pointed out: “Although Rule 135(4) of the Aircraft Rules, 1937 (‘Rules’) empowers DGCA to issue directions to an airline in case it has established excessive tariff under Rule 135(1) or has indulged in oligopolistic practice; the said provision is rendered ineffectual on account of the arbitrary and unbridled powers given under Rule 135(1) of the Rules to the airlines to establish tariff.”
According to senior members of the NRI association, this petition could be the first of its kind challenging rule 135(1). Kerala Pravasi Association is a political party registered with the Election Commission of India, and the group has chapters in various countries worldwide, including the UAE. The petition on behalf of the NRI group was filed by Supreme Court advocate and managing partner at KMNP Law Kuriakose Varghese.
The peak season India-UAE airfares often go up to anything between Dh 1,500 to Dh 3,000, depending on the sector the passenger is flying. Kerala sector flights are among the most expensive, said Rajendran Vellapalath, Chairman of the Kerala Pravasi Association.
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