SC stays NCDRC order directing Yash Raj Films to pay Rs 10,000 for exclusion of a song in a movie

On Monday, the Supreme Court stayed an order of the National Consumer Disputes Redressal Commission (NCDRC) directing Yash Raj Films Pvt Ltd to pay Rs 10,000 along with litigation costs as compensation to a consumer who was aggrieved by the exclusion of a song from Shah Rukh Khan’s movie Fan. A bench of Justices Hemant Gupta and V Ramasubramanium issued notices to the Central Board of Film Certification and the complainant who is a teacher by profession.

The Supreme Court’s order came while hearing an appeal filed by Yash Raj Films Pvt Ltd challenging an order of NCDRC which upheld State Commission's 2017 direction to pay compensation at Rs. 10,000 to the complainant Afreen Fatima Zaidi along with litigation cost of Rs. 5,000.

The complainant on watching the promos of Fan decided to watch the film with her family members. The promo included the song ‘Jabra Fan’ but when she watched the movie, the song was missing, she alleged in the complaint. She then felt cheated and deceived and therefore decided to approach the concerned District Forum by way of a consumer complaint seeking compensation, along with a direction to the petitioners to air the promos and song with a caveat that the said song was not included in the film.

The District Forum dismissed the complaint after which she approached the State Consumer Disputes Redressal Commission, Maharashtra which was opposed by the production house.

The production house stated that the song 'Jabra Fan' was shown on TV Channels as a promotional trailer of the film and it had been disclosed to the public at large by way of press conferences that the said song will not be a part of the movie.

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