By excluding the Jabra fan song in the Bollywood movie fan, the consumers will get Rs. The Supreme Court on Monday stayed the National Consumer Disputes Redressal Commission (NCDRC) order directing Yash Raj Films Pvt Ltd to pay litigation costs along with Rs 10,000.
The bench of Justices Hemant Gupta and V Ramasubramaniam issued notices to the Central Board of Film Certification and the complainant, a teacher by profession.
The apex court order came in the wake of an appeal filed by Yash Raj Films Pvt Ltd challenging the order of the NCDRC, which awarded plaintiff Afrin Fatima Zaidi Rs. 5,000 along with Rs. The State Commission upheld the 2017 order to pay compensation of Rs 5,000.
Complainant looking at promos of Fan, Starring Shahrukh Khan, decided to watch this movie with her family members. The promo that Zaidi and her children saw before going to the cinema hall to see the movie had a song called “Zabra Fan”, but when she saw the movie, she complained that the song did not appear.
As if cheated and deceived, the complainant approached the relevant district forum through the consumer complaint seeking compensation, directing the petitioners to air promos and song, and the song was not included in the film.
The complaint was dismissed by the District Forum, which then approached the State Consumer Dispute Resolution Commission in Maharashtra, which was opposed by the production house.
The production house submitted that the complainant could not be said to be a consumer and that the song “Zabra Fan” was shown on TV channels as a promotional trailer for the film and it was widely revealed to the public through press interviews. The said song is not part of the movie.