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2)     The grievance of the complaint is that on 22.12.2007, when the complainant reached to the domestic airport to take Flight SG 607, two hours before the departure of the Flight which was scheduled to depart at 21:15 hours within the prescribed period, the complainant was shocked to learn that the said Flight had been preponed to 19:30 hours and had already taken off. According to the complainant he had no other option but to book another Flight, Indigo, scheduled to take off at 22.25 hours Flight No. 6E205 at a cost of Rs. 28,572/-. It is alleged that OP- 1 failed to communicate to the Complainant about the pre-ponement of the Flight SG 607 form 21.15 hours to 19:30 hours. Similarly, OP- 2 also failed to intimate the Complainant about the re-scheduling of the Flight. This Act of the OPs amounts to deficiency of service for which the Complainant had to face mental agony. The complainant served a legal notice dated 14.01.2008 to the OPs calling upon them to pay a sum of Rs 28,572/- being the value of the tickets, because he was forced to purchase these to prevent further losses in the tour booked by him and further a sum of Rs 1,00,000/- as damages.

3)     In reply to that notice, OP- 1 sent a false and frivolous reply to the complainant. Aggrieved by the said behavior of the OPs the complainant filed complaint before the District Forum with the prayer, to direct the Ops to jointly and severally pay a sum of Rs. 28,572/- being the cost of the tickets and Rs. 1,00,000/- for mental agony and harassment.

4)     Notices were issued to OPs to file their written statement. In his written statement OP- 1 reiterated that at the time of the booking of the tickets for the complainant, OP- 1 has asked him to provide his Telephone/ Mobile/ E- Mail as reference no. which was suppose to be mentioned on the Booking Form/ Application Form of Airlines ticket, so that the Airlines can intimate the passengers about the scheduled of the departure (Preponement / Postponement ) of the Flight but the Complainant failed to provide the same. It is stated that instead of providing any reference nos., the Complainant asked OP 1 to fill up his own Mobile No. in the Booking Form/ Application Form and OP- 1 filled up his own Mobile No. in the Booking Form/ Application Form. OP- 1 also stated that it is responsibility of the passengers to keep in touch with the Airlines for checking the scheduled departure of the Flight. Further contention of the OP- 1 is that the envelop in which complainant had given all the Air Tickets, the following note was printed;

10) It is admitted fact that the Respondent/ Complainant had booked three Airlines Tickets from Appellant (OP- 2) from Delhi to Calcutta for travel on 22.12.2007 for a sum of Rs. 9042/-. However due to certain reasons the Flight SG 607, was preponed. The Flight was scheduled to depart at 21:15 hours but was preponed to 19:13 hours. In the complaint the complainant said that he could not board the Flight because he had no information about the preponment of the Flight and he has to book another Flight of Indigo scheduled to take off at 22:25 hour at the cost of Rs. 28,572/-. The case of the complainant is that the Ops did not provide any information to the complainant about the preponment of the Flight. The only short question to be decided in this appeal is that whether the Appellant/ Ops informed the Complainant about the preponement of the Flight? The big answer is No. We have carefully gone through the record of this case and find no evidence given by the Appellant/ OP that they have informed the Complainant about preponment of the Flight.