Justice Pritam Pal, President

1.         This appeal by  complainants  is directed against the  order dated 9.9.2010 passed by District Consumer Forum-I, U.T. Chandigarh  whereby    their   complaint bearing  No.438 of 2009 was dismissed.

2.        The parties hereinafter shall be referred to as per their ranking before the District Consumer Forum.

3..    The facts as set out in the complaint are that  on 5.7.2008 the complainants had  purchased air tickets from M/s Bajaj Travels-OP-2 for Air India Flight AI-111 leaving Delhi on 29.7.2008 for New York and for return journey on 3.12.2008 from New York to Delhi by flight AI-112.  When complainants reached the JFK Airport, New York on 3.12.2008 at 4 p.m. for boarding the flight AI-112 to New Delhi they were shocked to know that the same had been discontinued more than a month ago regarding which no information was ever conveyed. They then contacted their daughter’s friends who arranged their return journey by booking   non stop flight of 15 hours duration on next day.Thus,  they had to incur expenses for the overnight stay and for hiring a taxi.  On returning India, they approached the OPs with their complaint and also served upon them a notice  but to no avail.    Hence, alleging deficiency in service the complainant filed complaint before the District Forum. 

4.         On the other hand, the case of OP No.1 before the District Forum was  that the tickets in question were issued by OP No.2 on 5.7.2008 for Air India Flight No.AI 112 for their return journey on 3.12.2008 from New York to Delhi  which was scheduled after 5 months of booking. In the meantime the  flight in question was discontinued but   OP-2 was informed about the same on 10.9.2008 and the information regarding the same was  made available on their website also but the complainants failed to contact and check the status of the flight in advance before leaving for airport within 24 hours of departure. The complainants were allotted alternative seats in Air India flight AI 102 on 4.12.2008 scheduled to depart at 4.00 P.M. from New York airport without any extra charges. It was pleaded that the complainants missed their flight on 3.12.2008 because of their own lapse by not verifying the status of their flight from the staff of the OP NO.1 at New York airport and as such there was no deficiency in service on the part of OP No.1 and a prayer was made for dismissal of the complaint. 

5.         However, OP-2 in their separate written reply admitted the factual matrix and  pleaded that the change in flight schedule was done by OP-1.  It was pleaded that the complainants did not give any forwarding address/telephone numbers in USA,hence, they could not be informed there. However, OP sent a person to the address given by the complainants at Mohali but the same was found locked.   After the flight schedule was changed, the seat of the complainants had been booked by the Air India on the flight on which they ultimately traveled . The tickets were not booked by the  daughter of complainants. It was pleaded that there was no deficiency in service on its part and a prayer was made for dismissal of the complaint.

 6.          The learned District Consumer Forum after going through the  evidence  and hearing   learned counsel for the  parties came to the conclusion that  there was no merit in the complaint  and dismissed the same. Still dissatisfied, complainant has come up in this appeal.      

7.            We have heard learned counsel for the parties   and gone through the file carefully.  The main point of arguments raised on behalf of the appellants/complainants is that  due to non-information of the discontinuation of the flight No.112 in which the appellants were to travel on 3.12.2008 which suited them, they had to spend substantial amount on boarding and lodging to take the rescheduled alternative flight on the next day because common courtesy of making arrangements for night stay was not extended by OP NO.1 which it does even in case of delayed flights.  It was also contended that a tourist was  not required to furnish their place of residence in foreign land nor there was any such requirement at the time of booking of tickets.   On the  other hand this point of arguments has been repelled by the learned counsel for OPs .

8.              We have given our thoughtful consideration to the main point of  arguments put forth on behalf of the appellants and find the same to be devoid of any merit, inasmuch-as it was required on the part of  complainants to enquire about the schedule/status  of the flight  before leaving for airport within 24 hours of their departure because the return journey was booked about five months ago and the discontinuation of flight had occurred subsequent to the booking.  It is not disputed that   no address or contact number of complainants  at USA was  left  with OPs for contacting them in case of any rescheduling or cancellation of the flight, if any, or any eventuality as might have occurred subsequent to their booking with OPs.  The complainants in para-5 of their complaint had stated that the tickets for their return journey  were arranged by their daughter’s friend  by booking non-stop flight of 15 hours duration on next day whereas it is stated in the  affidavit of Sh.R.K.Negi, Manager Air India- OP No.1 that the complainants were allotted seats in flight AI 102 on 4-12-12008 by OP NO.1 for which no extra charges were recovered. As observed by the learned District Forum, the complainants had not produced any evidence with regard to the charges spent for overnight stay/ taxi charges etc.  and as the next immediate  available flight was arranged for return journey of complainants, so there was no deficiency on the part of OPs.  

9.         In view of the above discussion, we are of the opinion that the impugned order dated 9.9.2009 passed by the District Forum is well reasoned and justified in the given circumstances and does not call for any interference. Accordingly we find no merit in the appeal and the same is hereby dismissed, leaving the parties to bear their own costs.

             Certified copies of this order be communicated to the parties, free of charge. The file be consigned to records.