✈️ When Airlines Trick You into Paying More: The Emirates “Dark Pattern” Case Every Traveler Should Know

Imagine booking a long international flight with your spouse, only to find later that you paid extra for something others got for free — just because the airline’s website didn’t tell you the full truth.

That’s exactly what happened to a Mumbai couple who recently took on Emirates Airlines — and won.

🧾 The Case in Short

Dr. Keshab Nandy and Mrs. Meenu Pandey booked a Mumbai–New York flight via Dubai with Emirates Airlines in 2017. When reserving tickets online, they paid ₹7,200 for adjacent seats because Dr. Nandy, being diabetic and hypertensive, needed his wife’s help during the journey.

But on reaching the airport, they discovered that free adjacent seats were still available and many passengers who hadn’t paid were allotted them at check-in.

When they complained, Emirates said the seat-selection charge was “optional” and “non-refundable.”

Feeling cheated, the couple filed a complaint before the Mumbai Suburban District Consumer Disputes Redressal Commission, alleging that Emirates had misled consumers by concealing that free adjacent seats were available closer to departure.

The Commission’s Findings

The District Commission ruled in favour of the consumers, and the order was later upheld by the Maharashtra State Consumer Disputes Redressal Commission (Appeal No. A/2021/15, decided on 30 September 2024).

The State Commission found that Emirates:

• Failed to disclose material information that adjacent seats could be obtained free of cost 48 hours before departure;

• Created an artificial sense of compulsion or scarcity, misleading passengers to pay extra; and

• Thus committed deficiency in service and engaged in an unfair trade practice under the Consumer Protection Act, 1986.

The airline was directed to:

• Refund ₹7,200 with interest from 5 October 2017;

• Pay ₹5,000 as compensation for mental agony; and

• Pay ₹3,000 as litigation cost.

🕵️‍♂️ “Dark Patterns” — The New Digital Trap

The Commission noted that Emirates’ conduct resembled what we now call “dark patterns” — manipulative online design practices that trick users into making certain choices.

Although India’s official Guidelines for Prevention and Regulation of Dark Patterns, 2023 were issued later by the Department of Consumer Affairs, the Commission recognised that Emirates’ design fit the same mould:

• Hiding free options;

• Framing paid features as essential;

• And exploiting the consumer’s lack of complete information.

This case is among the first in India to explicitly connect deceptive online interface design with the concept of unfair trade practice.

💡 What You Can Do as a Smart Consumer

1. Pause before paying extra. Check whether that “paid feature” (seat,  add-on) might become free later.

2. Look for disclosure sections. Airlines and e-commerce portals must display all options clearly.

3. Take screenshots if an interface seems misleading. They help as evidence.

4. Complain:

   • Online via https://consumerhelpline.gov.in

   • Or approach your local Consumer Commission.

5. Report dark patterns directly to the Department of Consumer Affairs (https://consumeraffairs.nic.in).

6. File in Consumer Complaint in your District Consumer Dispute Redressal Commission

🚨 Why This Matters

With travel, shopping, and even healthcare going digital, manipulative design is becoming the new frontier of consumer exploitation. The Emirates ruling reminds us that even global corporations must uphold fairness and transparency.

At Public Right Action Network (PRAN), we believe every click should be a conscious choice — not a coerced one.
Transparency online isn’t a privilege; it’s a consumer right.

---

📚 References

1. M/s Emirates Airlines v. Dr. Keshab Nandy & Anr., Appeal No. A/2021/15, decided on 30 September 2024, Maharashtra State Consumer Disputes Redressal Commission, Mumbai.

2. IndiaLaw Blog, “Concealment of Free Seats Amounts to Unfair Trade Practice: Maharashtra SCDRC Finds Emirates Airlines Deficient in Service,” published October 2024. https://www.indialaw.in/blog/consumer/emirates-penalized-for-hiding-free-seats-dark-pattern-case/

3. Consumer Protection Act, 1986 — Sections 2(1)(g) (deficiency), 2(1)(r) (unfair trade practice).

4. Guidelines for Prevention and Regulation of Dark Patterns, 2023, Department of Consumer Affairs, Government of India (Notification dated 30 November 2023).

---

#ConsumerRights #DarkPatterns #AirlineTransparency #EmiratesCase #PRAN #DigitalFairness #KnowYourRights