Daijiworld Media Network - New Delhi
New Delhi, Jul 18: The Central Consumer Protection Authority (CCPA) has imposed a penalty of Rs 1 lakh on low-cost carrier SpiceJet for allegedly adopting deceptive practices during ticket bookings, citing violations of consumer protection laws.
The penalty was imposed over the use of "dark patterns" on the airline's flight booking platform, according to the CCPA order.
Dark patterns refer to deceptive interface designs that influence consumer choices, including automatic add-ons during ticket purchases, forced upselling, automatic enrolment into loyalty programmes and default subscriptions to promotional communications.
The CCPA said SpiceJet's practices violated provisions of the Consumer Protection Act, 2019, relating to unfair trade practices, unfair contracts and misleading representations.
The authority also held that the airline had contravened Rule 4(9) of the Consumer Protection (E-Commerce) Rules, 2020, which mandates explicit and affirmative consumer consent, along with the Guidelines for Prevention and Regulation of Dark Patterns, 2023.
According to the order, consumers were automatically enrolled in the Spice Club Loyalty Programme through a pre-ticked checkbox. Customers were also deemed to have consented to receive promotional messages because the relevant option was selected by default.
"Despite the Authority having issued it a notice, the company changed the earlier method to another pre-ticked checkbox for future messages through text messages, WhatsApp and email, continuing the same practice in a different form," the CCPA said.
The authority also criticised the use of confusing and negatively worded consent language, saying such practices could mislead consumers.
"Such practices impair consumer autonomy, undermine informed decision-making and are inconsistent with the principles of fair and transparent consumer engagement," it said.
During the proceedings, SpiceJet told the authority that the issue had occurred due to a technical error.
The airline has been directed to submit an undertaking confirming that corrective measures have been implemented and will continue permanently.
The penalty, however, drew criticism from industry observers. Airline Pilots Association of India president Captain Sam Thomas said the fine was too small to act as a deterrent.
"All the airlines are adopting the same deceptive practices. In any case, one lakh fine on an airline is a joke. IndiGo was fined Rs 22 crore for its operational disruptions," he said.
Referring to SpiceJet, Thomas alleged, "The whole country knows the airline is operating without any money for the last few years. Every employee who quits SpiceJet claims that safety norms are being violated on a daily basis."
Union Consumer Affairs Minister Prahlad Joshi also posted about the CCPA order on X.
SpiceJet did not respond to media queries on the matter.