"Has the government carried out any exercise to determine how much it would cost the airlines due to excess baggage? How have you arrived at this figure of Rs 100," Justice Sanjeev Sachdeva asked while hearing a plea by Federation of Indian Airlines (FIA) which has challenged DGCA's circular fixing the charge for excess baggage between 15-20 kgs.
As per the new regulation effective from July 1, airlines have been asked to charge Rs 100 per extra kg till 20 kg as against their current rates, ranging from Rs 220 to Rs 350.
Additional Solicitor General P S Patwalia, appearing for the Ministry of Civil Aviation and Directorate General of Civil Aviation (DGCA) told the court that the government had the interests of consumers in mind and the decision was taken as numerous complaints were received from passengers about high excess baggage fees.
Senior advocate A S Chandhiok, appearing for FIA, opposed the contention saying it was not informed about any complaints received from passengers.
FIA also said that DGCA did not have the jurisdiction to fix tariff as this power lay with the airlines and added that fares were determined by market forces.
FIA also told the court that three of its member airlines -- Jet Airways, SpiceJet and IndiGo, had communicated to DGCA their policy regarding excess baggage charges.
During the hearing, DGCA said it was not fixing tariff,
but was rather regulating it.
It said that its circular of June 10 was to come into effect from June 15. However, some airlines had sought an extension on the ground that they needed to modify their ticketing software.
On the last date of hearing, the court had refused to stay the circular or defer the date of its implementation. It had said the amounts charged by the airlines would be restored, if the FIA succeeded.
As per the DGCA, airlines will be free to charge any fee on baggage beyond 20 kg.
Against the backdrop of concerns in certain quarters about carriers charging high for extra baggage, DGCA had decided to steeply slash the additional charge levied from passengers in this regard.
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