SC sets aside order asking YRF to pay for song exclusion in 'Fan' movie

The petitioner had complained that she was cheated as the song 'Jabra Fan', which was shown in the promos and trailers of the film 'Fan', was not played in the movie theatre

The Supreme Court (SC) on Monday overturned a 2020 order by the National Consumer Disputes Redressal Commission (NCDRC) that had directed Yash Raj Films (YRF) Pvt Ltd to pay Rs 10,000 plus litigation costs to a consumer who was dissatisfied by the absence of the song "Jabra Fan" in the Shahrukh Khan-starrer Fan.

A bench comprising Justices PS Narsimha and Aravind Kumar delved into the legal aspects, pondering whether a promotional activity establishes a contractual relationship between a consumer and a service provider and whether the removal of content from a promotion entitles someone to compensation.

The apex court had earlier stayed the NCDRC's order in September 2021 while issuing notices to the Central Board of Film Certification (CBFC) and the complainant, a teacher. This move came as Yash Raj Films appealed against the NCDRC's decision.

The complaint arose when the consumer, Afreen Fatima Zaidi, watched the movie Fan with her family after seeing promos featuring the song "Jabra Fan," only to find out that it was missing in the film.

Seeking compensation and a directive to air the promos with a disclaimer about the song's exclusion, Zaidi's complaint was initially dismissed by the district consumer forum. However, the Maharashtra consumer commission ruled in her favor in 2017, directing Yash Raj Films to reimburse her Rs 10,000 in compensation along with Rs 5,000 for litigation costs.

In its 2020 ruling, the NCDRC deemed the practice of featuring a song in a film's promo aired widely on TV channels but excluding it from the movie as an unfair trade practice.

Dismissing Yash Raj's argument, the Commission stated, "Though it is claimed that the producer and actor of the movie had declared publicly that the song which forms part of the promo would not be a part of the movie, the said disclosure, even if it was made, would not be sufficient since it is not necessary that a person who watches the promo containing the song would also happen to see the interview given by the actor/producer of the movie."

Furthermore, the NCDRC expressed confusion as to why the song was included in the trailer but not in the film shown in theatres unless the producer intended to mislead the audience into believing the song would be part of the film.