An order passed by NCDRC against Yash Raj Films has been stayed by the Supreme Court

Case- Yash Raj Films Pvt Ltd vs Afreen Fatima Zaidi

The complainant (Afreen Fatima) approached the consumer forum to take action against Yash Raj films in respect to a song “Jabra Fan” in the movie Fan. The consumer was unhappy and felt cheated as the song was not played in the movie.

The state commission upheld her complaint, and asked Yash Raj Films to pay Rs 10,000 as compensation and Rs 5,000 as litigation costs.
In February 2020, this order was challenged in the National Consumer Disputes Redressal Commission (NCDRC).

The NCDRC upheld that the consumer was cheated and stated that the act committed by Yash Raj Films amounted to unfair trade practices under Section 2(1)(r) of the Consumer Protection Act.

Yash Raj Films filed an appeal before the Supreme Court against the order of the NCDRC.

Yash Raj Films contented that the song was a promotional song and that the production house was not obligated to include it in the movie. Further it was contended that they are not the service providers and that the respondent had availed the ‘services’ of the cinema hall and not that of the petitioner and the business arrangement between the producer, distributor and exhibitor of the movie has no relevance.

The appeal was presented before a Bench of Justice Hemant Gupta and Justice V. Ramasubramanium.

The Bench has issued a notice to Afreen Fatima and has stayed the order passed by NCDRC.

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