The commission said it had instructed Batik Air to submit its representation in writing regarding the delay of flight OD7634 from Kuala Lumpur to Kuching.

The flight was scheduled to depart at 11.35pm on Dec 22, but was delayed by eight hours and eventually departed at 7.45am the next morning. The delay affected 170 passengers.

“Batik Air did provide the information to Mavcom pertaining to the flight disruption,” Mavcom said. However, there was insufficient evidence to conclude if Batik Air took all measures to communicate to affected consumers about the flight delays that occurred on that day.

On an AirAsia X flight delay in Melbourne on Jan 2, Mavcom said its investigation revealed that all affected consumers were notified by the airline of the cancelled flight D7 219 via SMS as well as via email on Dec 30.

The airline had provided options for passengers to rebook their flight from Melbourne to KL from Jan 1 until Dec 31, subject to availability. AirAsia X was also able to reallocate other affected consumers on flights between Jan 3 and Jan 7.

It also offered options to mitigate the flight disruption for the affected passengers in accordance with the aviation consumer protection code. The code requires that consumers be provided a refund or an alternative flight.

Failure to comply with the code may result in a fine of up to RM200,000 for the first offence and 10 times the penalty for a second or subsequent non-compliance.

The commission has imposed a total of RM4.7 million in penalties on airlines for non-compliance, Mavcom said.