PETALING JAYA: AirAsia X Bhd (AAX) and its affiliate AirAsia Bhd (AAB) have filed a judicial review application against the Malaysian Aviation Commission (Mavcom) and Malaysia Airports (Sepang) Sdn Bhd (MASSB) to challenge Mavcom for declining to decide on the disputes with regard to passenger service charge (PSC) and the poor level of service at klia2.
“AAB and our company have taken steps to engage MASSB and Mavcom to have the disputes resolved through the statutory dispute resolution structure provided under the Malaysian Aviation Commission Act 2015 (Mavcom Act) but to no avail,” the low-cost airline group told Bursa Malaysia today.
AAB and AAX said under the Mavcom Act, Mavcom has a statutory duty to commence to decide on the said disputes once mediation between the parties have failed, or is deemed to have failed.
“The refusal on Mavcom’s part to decide on the said disputes is therefore contrary to Sections 74 to 78 of the Mavcom Act.”
AAB and AAX are also asking, as part of the judicial review application, for a mandamus to compel Mavcom to adjudicate the disputes between AAB, AAX and MASSB in accordance with its statutory duty under the Mavcom Act.
To recap, there are several court actions that have been filed by MASSB against AAB and AAX for payment of outstanding PSC.
Both AAB and AAX have disputed MASSB’s claims and have applied to strike out the actions as they are filed in breach of Sections 74 to 78 of the Mavcom Act.
AAB and AAX also have a claim against MASSB for damages incurred as a result of the poor level of service at klia2 amounting to RM479.78 million.
AAB and AAX maintained that the increased PSC is arbitrary, burdens the travelling public and is unjustified as the levels of service at klia2 are inferior to that of KLIA where passengers pay the same charges.
