The Supreme Court set aside an order by the National Consumer Disputes Redressal Commission (NCDRC) in a dispute involving Yash Raj Films (YRF) over the song “Jabra Fan” from the movie “Fan.” The NCDRC had previously directed YRF to compensate a consumer who alleged unfair trade practices related to the song’s promotional activities.
NEW DELHI: Today (22nd April): The Supreme Court set aside the National Consumer Disputes Redressal Commission’s (NCDRC) 2020 order, absolving Yash Raj Films Pvt Ltd from paying compensation to a consumer who was dissatisfied with the absence of the song “Jabra Fan” in the movie “Fan,” starring Shahrukh Khan.
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The Supreme Court bench, comprising Justices PS Narsimha and Aravind Kumar, ruled in favor of Yash Raj Films, setting aside the NCDRC order.
The court questioned “whether a promotional activity establishes a consumer-service provider relationship and if the removal of content from a promotion warrants compensation“.
The matter followed when a consumer named Afreen Fatima Zaidi, along with her family, watched the movie “Fan” after being enticed by the song “Jabra Fan” showcased in the movie’s trailers. However, to her disappointment, the song was missing from the film. Seeking compensation and a directive to include a disclaimer in the promos about the song’s exclusion, Zaidi filed a complaint against Yash Raj Films.
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Yash Raj Films defended its position by arguing that Zaidi did not qualify as a consumer and that the absence of the song had been publicly disclosed before the movie’s release.
Initially, the District consumer forum dismissed Zaidi’s plea, but the Maharashtra consumer commission ruled in her favor in 2017, ordering Yash Raj Films to compensate her with Rs 10,000 along with Rs 5,000 for litigation costs.
However, in 2020, the NCDRC held that excluding a song from a movie despite featuring it extensively in promotional material on television channels constituted an unfair trade practice. Dismissing Yash Raj Films’ arguments, the Commission stated that mere public disclosure by the producer and actor of the movie was insufficient, as it couldn’t be presumed that individuals who watched the song in the promo would also come across the interview where the exclusion was mentioned.
Moreover, the NCDRC questioned the inclusion of the song in the trailer but its absence in the movie’s theatrical release, speculating that the producer might have attempted to mislead the audience into believing that the song would be part of the film.
Yash Raj Films appealed against the NCDRC’s decision, and the Supreme Court stayed the Commission’s order in September 2021 while issuing notices to the Central Board of Film Certification and the complainant.
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