Can Approach Police Authorities Against Practices Of Ticket Scalping: Bombay HC In PIL Against Black Marketing Of Concerts Tickets
While reserving orders in a Public Interest Litigation seeking guidelines against black marketing of online tickets for concerts and other events, the Bombay High Court today orally observed that the petition seeks to do something which is the preserve of the executive.The Court orally remarked, “You are in a way asking us to issue a direction to State...to evolve a regime where these things...
While reserving orders in a Public Interest Litigation seeking guidelines against black marketing of online tickets for concerts and other events, the Bombay High Court today orally observed that the petition seeks to do something which is the preserve of the executive.
The Court orally remarked, “You are in a way asking us to issue a direction to State...to evolve a regime where these things do not happen...that's the basic function of policy making of State...”
The Court orally remarked that there are other remedies available. It noted that the petitioner can file an FIR in case of scam or black marketing of tickets. In case the police do not register the FIR, the complainant can approach the Magistrate, it added.
The Court also noted that in case of consumer complaints, the petitioner has a remedy under the Consumer Protection Act.
A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar was hearing the petitioner's case for framing guidelines to prevent the practices of black marketing, ticket touting and ticker scalping of online tickets.
Today, the petitioner's counsel contended that as there is no law regarding ticket scalping and black marketing, the ticket scalpers are taking advantage of it. The petitioner prayed that a committee be constituted with help of cyber experts to suggest certain guidelines as there is vacuum in the law.
The counsel contended that as the State and Centre share the duty levied on events of public entertainment, the consumers are entitled under Article 21 of the Constitution to enjoy the entertainment.
The counsel stated that the ticket scalpers operate through bots, as a result of which all the tickets are booked within seconds and the public is unable to access the tickets on primary website. He stated that the tickets then go on sale on black market for much higher cost.
Further, the counsel stated that as concerts are held at stadium for public entertainment, an entertainment tax is levied on sale of tickets at 28%.
The Counsel argued that when the State is levying tax, it becomes the duty of the State to ensure that tickets being sold for such entertainment are not sold in the black market. He argued that it is the State's duty to ensure that the public is not cheated by ticket scalpers.
However, the CJ orally remarked that levying tax is not 'quid pro quo' and that it is not a fee where the consumers expect something.
The Court reiterated that the petitioner can approach the police authorities to file a complaint against such practices.
The Counsel responded that there is a complaint before the Economic Offences Wing (EOW). However, he stated that the complaint has been stalled due to non-cooperation.
To this, the CJ orally said, “State's criminal agencies are not so weak that if some third party is not cooperation in investigation, they cant force their cooperation...”
With these observations, the Court reserved the matter for orders/judgment.
Case title: Amit Vyas vs. Union Of India (PIL/89/2024)