Per Mr.S.R.Khanzode, Hon’ble Judicial Member This appeal filed by original O.P.no.1 takes an exception to an order dated 20/7/2009 passed in consumer complaint no.238/2008 Dr.Vijay D. Raghoji and others v/s. Rubi World Travels and another passed by District Consumer Forum, Solapur. Undisputed facts are that respondent nos.1 to 3/original complainants who are eminent Urologists from Solapur with a view to attend National Urology Conference at Chennai booked air-tickets including air ticket for Chennai to Hyderabad on Flight no.17459 dated 20/1/2008 operated by respondent no.4/original O.P.no.2-Paramount Airways. The flight in question which was cancelled was booked through appellant/original O.P.no.1. It is also the case of the complainants that no prior intimation was given to them of cancellation of the flight. It is also not disputed that on 20/1/2008 when the respondents/original complainants reached the Airport, to their surprise, it was informed to them that since for last about one month (from that date ) said flight was cancelled. They made a request to the Airline officials to make available them another passage on any other flight but they were left on their own. Ultimately, they had to make their own arrangement for their return travel through Jet Airways flight and had to shell out an amount of Rs.8250/- as fair for each one of them. Flight no.17459 was booked at an economic fare of Rs.2,890/-. Thus, each one of them had to incur additional expenditure and had to undergo anxieties and to suffer mental torture. Therefore, this consumer complaint is filed. Forum below uphold the contention of the complainant and directed both the O.Ps, who were held jointly and severally responsible to make such payment to pay Rs.5,426/- to each one of the complainants and also awarded Rs.5000/- as compensation for mental torture and Rs.1000/- as cost. Feeling aggrieved thereby, original O.P.no.1 preferred this appeal. No appeal appears to have been preferred by O.P.no.2-Paramount Airways. The appeal is heard finally at the stage of admission itself with consent of parties. Perused the record. Appellant/original O.P.no.1 cannot escape from its liability since it is he who guided and booked for the air passage for the travel on 20/1/2008 on a flight operated by O.P.no.2 i.e.flight no.17459 Chennai to Hyderabad. When appellant/O.P.no.1 being the travel agency was aware or with due diligence supposed to aware of cancellation of flight or altogether stopping of the operation relating to said flight from Chennai to Hyderabad by O.P.no.2 airlines. He was under obligation to inform his local customers i.e. complainants about the same. Therefore, in the background of the present case, we find no fault with the impugned order. Thus, finding appeal devoid of any substance, we pass the following order:- ORDER Appeal stands dismissed. Copies of the order be furnished to the parties. | 
