M.THANIKACHALAM J. - (1.) The complainants are the appellants.
(2.) Brief facts: The complainant?s / appellants, being the family members, have booked air tickets, in the 2nd opposite party airlines, through the 1st opposite party, their recognized agent, for travel on 17.9.2004, from Belgaum, via Bangalore to Chennai, by flight No.DN 205, and Bangalore to Chennai by flight No.DN 121, in order to celebrate Vinayagar Chathurthi pooja on 18.9.2004, in the house at Chennai. As scheduled, when they reached Belgaum airport at 6.30 a.m., on 17.9.2004, to their surprise and shock, they were informed, that Belgaum flight has been cancelled, advising to get the refund value of air ticket, from their agent, i.e., the 1st opposite party at Chennai.
(3.) The request of the complainants to make arrangements by accommodating in any one of the flights, operated by the 2nd opposite party to Chennai, not conceded, and they have also previously not informed to the passengers, regarding the cancellation. The sudden cancellation, without advance information, and not-making alternative arrangement for the confirmed tickets, should be construed as not only as negligent act, but also as deficiency in service. Because of the deficiency in service, committed by the opposite parties, the complainants were compelled to go to railway station, constrained to purchase tickets, incurring expenses, thereby they have put to mental agony, depression etc., incurring additional expenses also, for which the opposite parties are liable.;