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The District Consumer Disputes Redressal Commission, Kottayam, has held Piccolo Weddings and its proprietor liable for deficiency in service in connection with a wedding photography contract. The Commission observed that the lapses caused significant mental distress and hardship to the complainants, undermining the very purpose of preserving memories of a once-in-a-lifetime event.

The complainants, Dr Ostin Oomachen and Dr Kavya Santhosh P, had engaged the firm for photography and videography services for their wedding held on May 19, 2024. They opted for a “Bride and Groom Side Package” priced at ₹95,000, which included candid photography, cinematography, helicam coverage, albums, raw video files, wedding reels, a highlight video, and wedding story USBs. They paid ₹80,000 in total, including an advance of ₹10,000 and ₹70,000 on the wedding day.

However, the complainants alleged that several promised services were not delivered. The helicam coverage was not provided on the wedding day and no prior intimation was given, depriving them of the opportunity to make alternative arrangements. They also pointed out that key deliverables were either delayed or not provided at all, including wedding reels, while the highlight video was delivered belatedly. The raw footage and soft copies were incomplete, missing important bride-side events. They further cited serious quality issues, including poor editing, lack of continuity, omission of significant ceremonies such as “Madhuram Veppu,” incomplete coverage of the holy mass, and loss of footage due to technical errors.

The Commission found that the complainants had fulfilled their contractual obligations, while the service provider failed to adhere to the agreed terms by delivering incomplete and defective outputs. It also noted that deductions made by the opposite parties towards the non-provision of helicam services amounted to an admission of deficiency. The case proceeded on the basis of unchallenged evidence submitted by the complainants.

Accordingly, the Commission allowed the complaint and directed the opposite parties to refund ₹80,000 within 30 days, failing which it will carry interest at 9% per annum from May 19, 2024, until realisation. It also ordered the payment of ₹2.5 lakh as compensation for mental agony and ₹10,000 towards litigation costs. In case of default, the compensation amount will also attract interest at 9% per annum from the date of the order until realisation.

Published by Voxya as an initiative to assist consumers in resolving consumer grievances.

The State Consumer Disputes Redressal Commission, Chandigarh, held Air India and Alhind Tours and Travels liable for deficiency in service for failing to inform the passenger of the flight cancellation. The Commission partly allowed the appeal and held that while the airline bears primary responsibility for operating the flight and communicating cancellations, the travel agent also owes a duty of care to ensure that the passenger is duly informed, having issued the ticket and received payment.

The complainant, Sohil Bhasin, a professional consultant, was engaged by a firm in Sharjah to provide consultancy services and was scheduled to attend a meeting on 21-05-2022. Pursuant to the said travel, the complainant booked a flight ticket with Air India from New Delhi to Sharjah for 20-05-2022 through a travel agency, Alhind Tours and Travels, at a cost of AED 510.

Upon arriving at the Delhi Airport, the complainant discovered that the flight had been cancelled without any prior intimation. He was therefore compelled to purchase a new ticket for 21-05-2022 at an additional cost of AED 270 (Rs. 6,075) after adjustment of the earlier fare. Owing to this delay, the complainant missed his scheduled meeting and consequently suffered a loss of his professional fee.

Aggrieved by the loss of income and incurring additional expenses, he filed a consumer complaint alleging deficiency in service before the District Consumer Disputes Redressal Commission, Chandigarh. The Commission partially allowed the complaint and held the travel agency liable, directing it to refund Rs. 6,075, pay Rs. 30,000 as compensation for mental agony, and Rs. 35,000 towards litigation costs, while dismissing the complaint against Air India. Seeking higher compensation, the complainant approached the State Consumer Disputes Redressal Commission, Chandigarh.

Air India Limited admitted to the booking but stated that AED 455 was refunded through the travel agent on 21-05-2022 as per standard procedures. Relying on DGCA norms, it contended that flight cancellations were permissible and that intimation had been given to the agent, who was responsible for informing the passenger, thereby denying any deficiency. It further submitted that there were no direct contractual dealings with the complainant regarding refunds or rebooking and that it cannot be held liable for any cancellations.

Alhind Tours and Travels Pvt. Ltd. stated that there is no privity of contract between the complainant and them. They contended that the complainant had actually availed services from Alhind & Middle East Travels LLC, Dubai, UAE, which is a separate and distinct legal entity, and therefore any liability would lie with the said entity and not with them.

The State Commission held that both the airline operator and the booking agent are jointly responsible for failing to inform the passenger regarding any flight cancellation. The Commission observed that the obligation to inform a passenger about a flight cancellation cannot be assigned in a manner that absolves one party at the expense of the other. It noted that while the airline bears the primary responsibility for operating the flight and communicating any cancellations, the travel agent also owes a duty of care to ensure that the passenger is duly informed, having issued the ticket and received payment.

Furthermore, the Commission noted that both Air India and the travel agent form part of the same chain of service and have access to the passenger's contact details and booking information.

Accordingly, the Commission modified the order of the District Commission by holding both Air India Limited and Alhind Tours and Travels Pvt. Ltd. jointly and severally liable. It directed them to refund Rs. 6,075 (AED 270) along with interest at 9% per an-num from the date of institution of the complaint (20.12.2022), to pay Rs. 1,00,000 as enhanced compensation for mental agony and harassment, and Rs. 35,000 towards litigation costs.

Published by Voxya as an initiative to assist consumers in resolving consumer grievances.