KUALA LUMPUR, May 14 — AirAsia Berhad and its sister company AirAsia X Berhad have taken legal action to compel the Malaysian Aviation Commission (Mavcom) to adjudicate a dispute over the passenger service charge (PSC) and reportedly poor level of service at KLIA2.
Malay Mail understands the budget airline giant and its long-distance arm filed a judicial review today challenging the commission’s refusal to decide on the dispute between them and Malaysia Airports (Sepang) Sdn Bhd (MASSB).
According to the Malaysian Aviation Commission Act 2015, Mavcom has a statutory duty to decide on the dispute once mediation has failed, or is considered to have failed.
Malay Mail also understands that both AirAsia and AirAsia X are seeking a court order by way of a mandamus to remedy their dispute with MASSB.
Previously, AirAsia and AirAsia X were sued by MASSB for allegedly making defamatory remarks and for refusing to collect the increased PSC and pay the amounts owed.
Both airlines have denied the airport operator’s claims and have applied to strike out the suits, as well as filed to claim RM480 million against MASSB for damages incurred as a result of the alleged poor service at klia2.
However, Malay Mail understands Mavcom issued two letters dated February 28 and March 18 this year declining to adjudicate the dispute between the airlines and the airport operator on the basis that “the interpretation and applicability of sections 74 and 75 of the Malaysian Aviation Commission Act 2015 [Act 711] are currently pending disposal by the court”.