India-Gulf flights: Court asks DGCA representation to hear petition filed by expat group over unreasonable airfares

News Network
August 24, 2022

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A High Court in India has asked a representation from the Directorate General of Civil Aviation (DGCA) to hear a writ petition challenging the exorbitant prices of air tickets on flights operating between Gulf countries and India.

The petition, filed by Delhi-based political group Kerala Pravasi Association, in Delhi High Court challenged Rule 135(1) of the Aircraft Rules, 1937, stating that it is vague, arbitrary and unconstitutional.

The petition to the Court noted 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.

“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.

“I35. 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.”

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.

The petitioners, Kerala Pravasi Association, seek urgent interim relief concerning tariffs established by the airline or the scrapping of Rule 135(1). According to senior members of the NRI association, this may be the first time a writ petition has been filed 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 senior Supreme Court advocate and managing partner at KNPM Law Kuriakose Varghese. Peak season India-UAE airfares can hike 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, the chairman of the Kerala Pravasi Association.

Varghese said, “The writ challenges Rule 135 (1) of Aircraft Rules, 1937. The pricing of airfares has to adhere to certain reasonable limits. Based on what the Court has ruled, we will not find a representation for the DGCA and take matters forward from there.”

Varghese said the practice of charging airfares based on market rates makes it highly lucrative and discretionary.

Vellapalath explained, “We are glad the High Court has not quashed our petition. Instead, we have been asked to speak with the DGCA. Based on their response, we are willing to take matters to the Supreme Court of India.”

However, while petitions of this nature have been filed before, not many courts get involved in such matters as they are tricky, stated Varghese.

“This is a matter of law being linked to economics. It is a very grey area of operation, and there is no transparency on the matter as stakeholders generally adopt a take it or leave it attitude, especially during peak travel time,” he added.

Moreover, several members of the Indian Parliament, community groups in the UAE, travel agencies, and other non-profit bodies have also raised this issue to no avail.

Vellapalath added, “When two countries are involved in bilateral discussions, the civil aviation governing body can determine what sort of fare needs to be levied on passengers travelling between the sectors. The government can place a minimum or maximum cap on the ticket prices.”

“The government capped prices on domestic flights during peak Covid-19. Why can’t the same be done for international airlines as well,” asked Vellapalath

According to Vellapalath, airlines have always maintained a lower capacity of operations between Gulf sectors to India during peak season. “The role of the government is to help its people, not allow airlines to make a profile. If there is a shortage of capacity, then let them increase it. The public must not be fleeced,” argued Vellapalath.

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News Network
March 27,2024

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The Enforcement Directorate has filed a money laundering case against Kerala Chief Minister Pinarayi Vijayan's daughter Veena Vijayan, her IT company and some others to probe a case of alleged illegal payments made by a private mineral firm to her and the company, official sources said Wednesday.

The agency has registered a case under the Prevention of Money Laundering Act (PMLA) and is expected to summon the people involved, the sources said.

The ED case has been booked after taking cognisance of a complaint filed by the Serious Fraud Investigation Office (SFIO), an investigative arm of the Union corporate affairs ministry, they said.

The case stems from an Income Tax Department investigation that alleged that a private company called Cochin Minerals And Rutile Ltd (CMRL), made an illegal payment of Rs 1.72 crore to Veena's company-- Exalogic Solutions-- during 2018 to 2019, even though the IT firm had not provided any service to the company.

The Karnataka High Court had last month dismissed a plea filed by Exalogic Solutions against the probe initiated by the SFIO.

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News Network
March 14,2024

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The UN agency for Palestinian refugees (UNRWA) says at least five people, including a staff member, were killed and 22 others wounded after Israeli forces targeted a food distribution centre in Rafah in the southern Gaza Strip.

UNRWA Commissioner General Philippe Lazzarini in a statement on Wednesday said that the strike hit one of the very few remaining UNRWA distribution centers in the eastern part of Rafah.

“Today’s attack on one of the very few remaining UNRWA distribution centers in the Gaza Strip comes as food supplies are running out, hunger is widespread and, in some areas, turning into famine,” Lazzarini said.

“Every day, we share the coordinates of all our facilities across the Gaza Strip with parties to the conflict," he continued.

He said the attack was carried out even though "the Israeli Army received the coordinates including of this facility yesterday."

Lazzarini further urged the protection of the UN, its staff, and its premises and called for an independent investigation.

Israel acknowledged an airstrike on a food aid distribution center in southern Gaza, which it claimed targeted and killed a high-ranking member of Hamas. 

Meanwhile, the statement by the UNRWA head added that since October 7, at least 165 team members have been killed while in the line of duty and more than 400 people sheltering in UN buildings also lost their lives due to Israel's attacks.

More than 150 of the agency’s facilities, including schools and shelters, have been hit in the war, with some destroyed, and UNRWA staff have reportedly been mistreated and humiliated while in Israeli detention centers, according to the UNRWA.

Six aid seekers killed in Israeli attack

Separately, the health ministry in the Gaza Strip said six people were killed in the latest attack on Palestinians waiting for humanitarian aid at the Kuwait Roundabout in Gaza City.

The Wafa news agency said some 83 people who were wounded in the attack have been transferred to the al-Shifa Medical Complex in the city.

Over the past weeks, Israeli forces have increased their offensives on the Kuwait Roundabout, an area where large groups gather to wait for aid deliveries.

Israeli forces killed 11 people waiting for food aid at the roundabout on Monday night.

The Israeli military has restricted the delivery of humanitarian supplies to northern Gaza for weeks, and thousands of children are going without sufficient food and medication.

The prevention of aid convoys comes as humanitarian officials have already issued a dire warning, stating that unless a ceasefire is implemented and aid is significantly increased, the toll of malnutrition and disease is expected to rise, leading to an alarming loss of lives.

So far, the Tel Aviv regime has killed at least 31,272 Palestinians, mostly women and children, and injured 73,024 others.

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News Network
March 28,2024

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Mangaluru, Mar 28: A fish meal factory in the Baikampady Industrial area in Mangaluru was gutted in a fire incident on Thursday, officials said.

The factory is owned by the company 'Shihar Enterprises', they said.

According to the locals, the fire was first noticed at 4.45 am today, which was immediately reported to the fire department.

The fire engines reached the spot and tried to douse the fire, but it had already spread to other parts of the factory. After almost four hours of fire-fighting operation, the blaze was completely doused, officials.

The reason for the blaze is still being probed, the fire department officials said, adding that they suspect an electric short circuit could have triggered it.

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