Travel firms have refunded Rs 1,454 crore to flyers for cancelled flights: Minister

New Delhi, Aug 19 Travel companies have refunded Rs 1,454 crore to consumers for cancelled flights due to the Covid-19 lockdown, following orders issued by the Central Consumer Protection Authority (CCPA), the Parliament was informed on Tuesday.

The CCPA has also mandated that these companies update their websites with clear instructions and status updates on refund claims related to cancelled tickets, Minister of State for Consumer Affairs, Food, and Public Distribution B.L. Verma said in a written reply to a question in the Rajya Sabha.

Also, subsequent to the CCPA’s intervention, an e-commerce platform discontinued the practice of automatically adding Rs 1 per ticket towards charity contribution in the ticket (a form of Basket Sneaking dark pattern), in the form of a pre-tick format (a form of forced consent dark pattern). An airline modified the manner in which it used to offer insurance at the time of purchase of tickets (a form of confirm shaming dark pattern), the minister said.

Further, 13,118 listings of car seat belt alarm stopper clips have been delisted from major e-commerce platforms based on the orders passed by the CCPA to delist all such products which violate consumer rights and are unfair trade practice under the Consumer Protection Act, 2019 as the sale or marketing of said product compromises with the life and safety of consumer by stopping alarm beep when not wearing seat belts.

Action has also been taken against the sale of domestic pressure cookers that do not meet compulsory BIS standards on e-commerce platforms, he added.

On endorsers, the guidelines define them as including an individual or a group or an institution making an endorsement of any goods, product or service in an advertisement whose opinion, belief, finding, or experience is the message which such advertisement appears to reflect. These guidelines state that due diligence is required for endorsement of advertisements such that any endorsement in an advertisement must reflect the genuine, reasonably current opinion of the individual, group or organisation making such representation and must be based on adequate information about, or experience with, the identified goods, product or service and must not otherwise be deceptive.

It clarifies that where Indian professionals, whether resident in India or otherwise, are barred under any law for the time being in force from making endorsement in any advertisement pertaining to any profession, then, foreign professionals of such profession shall also not be permitted to make endorsement in such advertisement. To enforce compliance, the guidelines outline strict penalties for violations.

The minister further stated that under the Consumer Protection Act, 2019, in case of false or misleading advertisement, the CCPA may impose a penalty on the manufacturer or endorser up to Rs 10 lakh and Rs 50 lakh in case of repeated violations.

Action has already been taken by the CCPA against various entities, including e-commerce platforms, for affecting consumers, as a class, for violation of consumer rights, false and misleading advertisements and unfair trade practices as defined under the Consumer Protection Act, 2019. The CCPA has taken actions to regulate matters affecting a class of consumers with reference to the violation of consumer rights, misleading advertisements, and unfair trade practices as defined under the 2019 Act.

Various directions were issued, including discontinuation or modification of the advertisement,s besides imposition of penalties to protect the rights of consumers as a class, and a penalty amount of Rs 1,08,85,000 has been realised so far, he added.

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