Supreme Court Sets Aside NCDRC Penalty Against Yash Raj Films For Not Including In 'Fan' Movie Song Shown In Trailer

The Supreme Court on Monday (April 22) allowed an appeal filed by Yash Raj Films against an order of the National Consumer Dispute Redressal Commission (NCDRC) which imposed a penalty on YRF for not including a song in the 2016 Shah Rukh Khan-starrer 'Fan', which was shown in the promos and the teasers of the movie.

A Bench comprising Justices PS Narasimha and Aravind Kumar delivered the verdict.

Justice Narasimha, while orally pronouncing the verdict, said that the bench has answered the questions whether a 'promo' or a 'teaser' which is circulated before the release of a movie would create a contractual obligation and whether it was an unfair trade practice not to show the contents of the promotional trailer in the movie. A detailed copy of the judgment is awaited.

The Supreme Court's ruling came while deciding an appeal preferred by Yash Raj Films Pvt Ltd. ("YRF"), contesting a decision by the NCDRC that affirmed the State Commission's 2017 directive to pay ₹10,000 in compensation to the complainant Afreen Fatima Zaidi, as well as litigation expenses amounting to ₹5,000.

However, the court in 2021 stayed the operation of the NCDRC's order but kept other issues to be left open.

To recapitulate, the one Afreen Fatima Zaidi had filed a consumer complaint against the appellants/Yash Raj Films complaining that she was cheated on account of the song 'Jabra Fan', which was shown in the promos and trailers of the film 'Fan', not being shown in the film.

The complainant stated that her children refrained from eating on the evening they went to watch the movie because they were disheartened by the absence of the song in the film. This led to an increase in their acidity levels and subsequent hospitalization.

The appellant YRF contended that the NCDRC's order infringes upon its fundamental rights as per Article 19 (1) (g), as it imposes unjust conditions on how it conducts its professional activities.

Detailed report on the judgment can be read here.

Case : Yash Raj Films Vs Afreen Zaidi | C.A. No. 4422/2024

Click here to read the judgment