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Excess baggage fee to go up as Delhi HC sets aside Rs 100 per kg fine

The DGCA's circular allowed the private airlines to charge Rs 100 for every kg till 20 kg as against their earlier rates, that ranged from Rs 220 to Rs 350. According to the circular, the air-carriers are free to charge any fee beyond the limit of 20 kgs.

Currently, all domestic carriers except Air India allow free checked-in baggage up to 15 kgs. (Express Photo by Amit Mehra/For representation only)
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The Delhi High Court on Wednesday set aside the Director General of Civil Aviation (DGCA)’s circular that allowed the private airlines to charge Rs 100 per kg fee for excess checked in-baggage of 15 to 20 kgs on private flights. The DGCA’s June 10, 2016 dated circular allowed the private airlines to charge Rs 100 for every kg till 20 kg as against their earlier rates, that ranged from Rs 220 to Rs 350. According to the circular, the air-carriers are free to charge any fee beyond the limit of 20 kgs. The rates had come into effect from July 1 last year as court had not stayed it or deferred the date of implementation.

Justice Vibhu Bakhru who set aside the circular on Wednesday said that the rates would be restored if the Federation of Indian Airlines (FIA) succeeded in its plea challenging the circular.

FIA, while challenging the circular had said that DGCA did not have the jurisdiction to fix the amount that can be charged. In its plea, plea through advocate Gaurav Sarin, the federation added that the power to fix the tariff laid with the air-carriers and that the charges were determined by market forces. It also added that 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 allow free checked-in baggage up to 15 kgs. Only Air India allows free baggage up to 23 kg.

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