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2017 Supreme(Ker) 595

NAVANITI PRASAD SINGH, RAJA VIJAYARAGHAVAN V.
IATA Agents Association of India (IAAI) rep. by its President, Biji Eapen – Appellant
Versus
Director General of Civil Aviation Technical Centre New Delhi – Respondent


Advocates Appeared:
For the Appellant : P. Ravindran, M.R. Sabu
For the Respondents: N. Nagaresh, M. Gopikrishnan Nambiar, P. Gopinath, P. Benny Thomas, K. John Mathai, K. Jayakumar, M.P. Krishnan Nair

JUDGMENT :

Navaniti Prasad Singh, J.

1. In all these cases basically a singular question arises for consideration.

2. The appellant in W.A. Nos.275 of 2013 & 1136 of 2015, who is the petitioner in W.P.(C) No.25752 of 2013, is an association of IATA accredited travel agents in India. They claim to be ticket selling agents, who sell tickets and get business to various Airlines, domestic and international. The submission on behalf of the appellants would be that Rule 3(54A) of the Aircraft Rules, 1937 defines “Tariff” to include the commission payable to the agents and further Rule 135 requires every air transport undertaking to establish “tariff” having regard to all relevant factors including cost of operation, characteristics of service, reasonable profit and generally prevailing tariff. Explanation (b) to sub Rule (2A) of Rule 135 is also referred to, to contend that “tariff” as published or advertised in any other way shall show a complete break-up of the total amount, indicating the fare, tax, fees or any other charge and fees has been explained to mean the amount payable to the service providers for provision of any service or facility to the passengers. The submission thus would

















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