
The Karnal Consumer Commission has ordered a helicopter service provider to refund Rs 6.77 lakh with 9 per cent interest, Rs 1 lakh compensation, and Rs 22,000 litigation costs after a chopper...
The Karnal Consumer Commission has ordered a helicopter service provider to refund Rs 6.77 lakh with 9 per cent interest, Rs 1 lakh compensation, and Rs 22,000 litigation costs after a chopper booked for a wedding arrived over four hours late and subsequently failed to complete the agreed journey.
Dealing with a plea against the service of Arihant Helicopter Service, a bench of president Jaswant Singh and members Neeru Agarwal and Sarvjeet Kaur held the company guilty of deficiency in service and unfair trade practice.
“Due to the delay on the part of the opposite party, the very purpose of the marriage function has been defeated. The complainant and his family members have to face humiliation not only before the guests, family members and large gathering but also on the bride’s side. The phera ceremony was also delayed, which is a time-bound ritual in Hindu custom,” the commission said on June 10.
The complainant’s marriage was to be solemnised in November 2022, upon which he decided to get a ride with his “would-be bride” in a helicopter. Thus, the complainant approached the opposite party, the helicopter service, to arrange a chopper trip on the occasion of the wedding.
The opposite party asked the complainant to take permission from the concerned departments and to pay an amount of Rs 6.5 lakh for their helicopter services.
The complainant’s father moved an application before the Superintendent of Police (SP), Karnal, with a request to provide security for landing a helicopter for marriage purposes and deposited the requisite fee of Rs 17,600.
While obtaining the necessary permissions from all departments concerned, which included paying for helipad expenditure, lease amount, department fees, and other miscellaneous expenses, the complainant spent another Rs 1.5 lakh.
Then, after obtaining the permission, the complainant agreed with the opposite party to land its helicopter.
As per the agreement, the service provider had to land the chopper at about 10 am in Kuchpura village, Augondh, but they did not arrive on time, instead, reaching at around 2.15 pm, it was alleged.
Due to the late landing, the wedding procession started after a delay of over four hours. They then reached the next destination, i.e., where the opposite party took off the helicopter and the complainant asked them to complete the journey that was agreed upon.
However, the service provider began to demand more money and eventually left with the helicopter, claiming that the time was up at 4 pm.
Appearing for the Arihant Helicopter Service, advocate Pardeep Kapoor argued that the service was booked by the complainant and an agreement was executed between the parties, which clearly stipulated that the operation of the helicopter would be subject to weather conditions, permissions from authorities, and other operational constraints.
He argued that on the day of the event, the weather conditions were unfavourable for flying operations, due to which there was some delay in the arrival of the helicopter.
He further submitted that such delay was beyond the control of the service provider and was caused by force majeure circumstances, and therefore, the opposite parties cannot be held liable for the same.
Force majeure, which translates to “superior force” in French, is a clause included in contracts that excludes parties from legal obligations in the event of unforeseeable circumstances or extraordinary events, like natural disasters, government actions or war, that make it impossible to carry out the services or duties.
This judgment is significant because it establishes that time is of the essence in contracts for time-bound social events like weddings. It holds service providers accountable for delays, requiring documented proof for “bad weather” claims. It also protects consumers from social humiliation and mental agony caused by service deficiencies.
Consumers facing similar grievances may contact the consumer helpline in their respective states (Haryana contact: 1800-180-2087) or dial the National Consumer Helpline at 1915 for assistance.
Jagriti Rai works with The Indian Express, where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More