New Delhi. The Supreme Court on Monday stayed an order of the National Consumer Disputes Redressal Commission (NCDRC). In this order, Yash Raj Films Pvt Ltd was directed to pay Rs 10,000 along with the cost of litigation to a consumer disappointed by the removal of a song in a Bollywood film. A bench of Justice Hemant Gupta and Justice V Ramasubramaniam issued notice to the Central Board of Film Certification (CBFC) and the complainant. The complainant is a teacher by profession.
what is the matter
The case is of the year 2016. Afreen Fatima Zaidi went to see the film ‘Fan’ in the year 2016 with her family. Shah Rukh Khan Films was in the lead role in the film. It was directed by Manish Sharma. Afreen Fatima decided to watch the film after watching its trailer and the title track ‘Jabra Fan’ in it. When he and his family were watching the film, he did not see that song anywhere in the entire film. This song was missing from the film.
Afreen felt cheated and accused the makers of cheating. Regarding this, he demanded compensation and as a consumer approached the district forum. He told in his complaint petition that there was no ‘Jabra Fan’ song in the film. He also demanded to show the song shown in the promo in the film.
Consumer body gave this response
However, Afreen’s complaint was rejected by the district forum. After this, he gave a complaint to the State Consumer Disputes Redressal Commission of Maharashtra. The state commission upheld his complaint, and asked Yash Raj Films to pay Rs 10,000 as compensation and Rs 5,000 as cost of litigation. Yash Raj Films challenged this order in the National Consumer Disputes Redressal Commission. On February 18, 2020, the NCDRC upheld the order of the State Commission. The national consumer body agreed that Afreen has been ‘duped’. Further, the body termed Yash Raj Films’ move to omit Song from the film as unfair.
This is the latest development
Yash Raj Films appealed in the Supreme Court against the order of NCDRC. The production house argued that it is common in the Indian film industry to use songs like this for promotion. These songs cannot be shown in the film. If this is banned, then it will not be suitable for the upcoming films. On this, the Supreme Court said that it may be a common practice, but it does not mean that it should be continued. However, the Supreme Court also stayed the NDCRC order and issued a notice to Afreen and sought an explanation from her.
In the appeal filed in the NCDRC, YRF had argued that the woman could not be treated as a consumer as the price she had paid for the movie ticket was a deal between her and the cinema hall. On this, the NCDRC said that the earnings from the film are shared between the producer, exhibitor and distributor. Therefore, this matter is directly related to the makers, so it can be considered as a service provider.
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