The Supreme Court disposed an appeal filed by a schoolteacher from Aurangabad alleging Yash Raj Films did not include the song Jabra Fan in Shah Rukh Khan’s 2016 film Fan and sought a compensation of Rs 60,550. She claimed she felt cheated after her kids chose to watch the film only for the song which was widely circulated in promotional trailers for the film.
In her complaint, Afreen Fatima Zaidi had claimed that she decided to watch the movie after watching a promotional trailer which included a song. She did not find the song in the film, and felt cheated, therefore claimed damages of Rs 60,550 in compensation for her mental agony. When the District Consumer Redressal Forum dismissed the complaint stating there is no relationship of consumer and service provider in 2016, she took the case to the State Commission. The State Commission held that entertainment services are covered under the definition of ‘service’ and the appellant (YRF) is a service provider. It held that there is deficiency in service, the State Commission also added that the appellant engaged in an unfair trade practice as the song in the promotional trailer was widely circulated but not shown in the film. In 2017, the commission awarded a compensation of Rs 10,000 as compensation for mental harassment and Rs. 5,000 as cost to the complainant.
Thye production house then took the matter to the National Consumer Disputes Redressal Commission. NCDRC stated that the audience will obviously feel cheated if a song or such portions are shown in the promotional trailers, but do not make it to the final cut of the film screened in theatres. It added that it constitutes an unfair trade practice. “The obvious purpose behind such an unfair trade practice is to draw the potential viewers to the cinema hall by luring them with the song which forms part of the promo and thereby making gain at the cost of the viewer if the song does not form part of the movie for which consideration is paid by the viewer.”
It added, “It (a promotional trailer) is only meant to encourage a viewer to purchase the ticket to the movie, which is an independent transaction and contract from the promotional
trailer. A promotional trailer by itself is not an offer and neither intends to nor can create a contractual relationship. Since the promotional trailer is not an offer, there is no possibility of it becoming a promise. Therefore, there is no offer, much less a contract, between the appellant and the complainant to the effect that the song contained in the trailer would be played in the movie and if not played, it will amount to deficiency in the service.”