NEW DELHI: Low-cost carrier SpiceJet was fined Rs 1 lakh by the Central Consumer Protection Authority (CCPA) on Friday for allegedly using deceptive practices during ticket bookings, adding to the airline's ongoing operational challenges.
The relatively small fine, however, drew criticism from industry experts, who questioned whether the penalty was sufficient to deter such practices.
The penalty was imposed for the use of "dark patterns" on flight booking platforms, according to the CCPA order.
Dark patterns refer to deceptive design practices that influence consumer choices, including automatic add-ons during ticket purchases, forced upselling, automatic enrolment into loyalty programmes and default promotional subscriptions.
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 requires explicit and affirmative consumer consent, as well as the Guidelines for Prevention and Regulation of Dark Patterns, 2023.
The CCPA observed that consumers were automatically enrolled in the Spice Club Loyalty Programme through a pre-ticked checkbox. It also said customers were treated as having consented to receive promotional messages because the default option was already selected without any action from them.
“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,” it said.
The authority also flagged the use of confusing and negatively worded consent language, saying it had the potential to mislead consumers.
“Such practices impair consumer autonomy, undermine informed decision-making and are inconsistent with the principles of fair and transparent consumer engagement,” it added.
During proceedings, SpiceJet told the CCPA that the issue had occurred due to a technical error.
The airline was directed to submit an undertaking confirming that corrective measures had been implemented and would continue permanently.
Airline Pilots Association of India president Captain Sam Thomas criticised the penalty, saying it was insignificant for an airline.
“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.”
Referring specifically to SpiceJet, he 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.”
Consumer Affairs Minister Prahlad Joshi posted on X about the CCPA order.
SpiceJet did not respond to queries on the matter.