Move CCI, says Kerala HC on PIL against exorbitant air fares

Kochi, Aug 5 (IANS) The Kerala High Court on Monday, taking up a public interest litigation (PIL) about exorbitant airfares charged by airlines from travel to the state from the Middle East, said that this has to be challenged before the Competition Commission of India (CCI) instead.

"It is true that it is happening in India. Airlines charge us exorbitant amounts during the peak season especially exploiting the Gulf travellers and immigrants," a division bench said.

It orally remarked: "The law allows airlines to fix the tariff. But if they use their monopoly in the market, then that can be considered by the Competition Commission. They can order payment of huge compensation. We are not using it because we have no awareness of competition law. We cannot say this should be the tariff or that you cannot charge this tariff..."

"Tomorrow you can say that tariff should be fixed by kilometre like for an auto rickshaw. That may be possible for the Parliament to do by passing legislation but we cannot say," it further remarked orally.

The court also made it clear that private operators have the right to fix tariffs. "There is an ICAO (International Civil Aviation Organisation) with its headquarters in Montreal. India is a party to their regulations. They have certain directions which is exactly what the government follows. Which is probably why they have enacted the rules like this. The only way of challenging this issue is through competition law," the bench added.

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