Helicopter fails to arrive on time for wedding procession, groom wins Rs 8 lakh payout

Threatened complainant, relative: Court

• The service in question was not an ordinary one but specifically hired for a marriage ceremony, which was a time-bound and socially significant event, the commission observed.
• In such a contract, time is the essence of the agreement, and any substantial delay defeats the very purpose of obtaining the services.
• Despite being responsible for the delay, the opposite parties did not compensate by extending the service time, refused to cooperate, threatened the complainant and family member and left the venue without completing the agreed service.
• To prove their case, the opposite parties have not placed on record any documentary evidence, i.e. a report of the meteorological department from which it can be ascertained that on that day the weather was not good for flying the helicopter.
• In the absence of such evidence, this commission has no hesitation in holding that the opposite parties have failed to discharge their burden of proof, and the plea of bad weather is liable to be rejected.

Copter ride with prospective bride

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.

‘Weather unfavourable for flying’

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.

What is force majeure?

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.

Significance

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.