On Monday, the Supreme Court stayed a consumer tribunal order directing production house Yash Raj Films to pay Rs 15,000 to a teacher in Maharashtra, who felt cheated because the song 'Jabra Fan' from Shah Rukh Khan-starrer Fan was edited out of the film, as per a report by Hindustan Times.
The bench questioned YRF about its decision to market Fan with the song but not include it in the film.
“The problem is that you (Yash Raj Films) show something in the trailer which is not there in the movie. When the trailer is released, it is part of the movie. Why were you marketing your movie with the song when you knew it was meant to be only for promotion?”Supreme Court to YRF
Afreen Fatima Zaidi had complained in 2016 that she and her family went to watch Fan after listening to 'Jabra Fan'. However, they felt deceived when they didn't find the track in the movie. The district consumer redressal forum rejected her complaint, but in 2017 the state commission ordered YRF to pay Rs 15,000 to Zaidi. The production house challenged the decision in National Consumer Disputes Redressal Commission.
During the Supreme Court hearing, Advocate Naomi Chandra, representing YRF, stated that it was common practice in the industry to use songs in trailers that don't necessarily have to feature in films. To which the court said, "If there is a common practice in the industry that does not mean that the practice should continue”.
The report also states that the court observed the question to be decided is whether a film producer can be said to be a service provider since the movie ticket is a contract between the person who buys it and the cinema hall owner.
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