HC sets aside DGCA circular on excess baggage fees

Till 15 kg, the flier need not pay any money for checked-in baggage and the latest order now allows airlines to charge the passenger as per its plans.

The order by Justice Vibhu Bakhru came in a plea by Federation of Indian Airlines (FIA), which challenged a circular issued by Directorate General of Civil Aviation (DGCA) putting a cap of Rs 100 per kg for excess baggage between 15 to 20 kg.

The DGCA had on June 10 last year issued a circular allowing Rs 100 per extra kg till 20 kg as against their earlier rates ranging from Rs 220 to Rs 350. The circular had come into effect July 1 last year as the court had not stayed.

Through its lawyer Gaurav Sarin, the FIA had told the court that the DGCA did not have the jurisdiction to fix tariff. According to the petitioner, this power laid with the airlines and the fares were determined by market forces.

The FIA also argued that the DGCA can interfere only when there are specific instances of discriminatory practices and such circulars cannot be issued in a general manner.

Currently, all domestic carriers except Air India allow free checked-in baggage up to 15 kgs. Air India allows free baggage up to 23 kg. The DGCA in its circular had said that the airlines would be free to charge any fee beyond 20 kgs of excess baggage.

Earlier during the hearing, the High Court had asked whether the government had carried out any exercise to determine how much it would cost the airlines due to excess baggage and how it has arrived at the figure of Rs 100.

The Ministry of Civil Aviation and Directorate General of Civil Aviation (DGCA) had then 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.