Supreme Court rules in favour of Yash Raj Films related to controversy of ‘Jabra Fan’ case

‘Jabra Fan’ Case Controversy: The Supreme Court of India recently issued a landmark verdict in the widely publicized ‘Jabra Fan’ case, ultimately ruling in favour of Yash Raj Films (YRF). The legal dispute was related to the complaint lodged by Afreen Fatima Zaidi, a moviegoer who voiced her disappointment regarding the absence of the song ‘Jabra Fan’ from the film “Fan,” especially after its prominent promotion in trailers. Initially, the National Consumer Disputes Redressal Commission (NCDRC) had sided with Zaidi, directing YRF to compensate her for what was perceived as an unfair trade practice under the Consumer Protection Act. However, YRF contested this decision in the Supreme Court, asserting that ‘Jabra Fan’ was intended solely as a promotional song and therefore not contractually bound to be included in the final film. The Supreme Court bench, led by Justices P.S. Narasimha and Aravind Kumar, meditated on the matter and ultimately upheld YRF’s stance. The court’s ruling shed light on the fundamental distinction between promotional content, such as ‘Jabra Fan,’ and the final cinematic product. By emphasizing this differentiation, the verdict offered crucial insights into the contractual obligations surrounding promotional materials within the Indian film industry.

Timeline of ‘Jabra Fan’ Case Controversy

• Background:
• In 2016, Afreen Fatima Zaidi watched the Bollywood movie “Fan” with her family, drawn in by the promotional material featuring the song ‘Jabra Fan.’
• However, upon viewing the film, Zaidi discovered that the song was absent, leading her to feel cheated and deceived.
• Legal Proceedings:
• Zaidi filed a consumer complaint seeking compensation for feeling misled by the exclusion of the song.
• The District Forum initially dismissed the complaint, but Zaidi pursued the matter, leading to the State Consumer Disputes Redressal Commission upholding her complaint and directing Yash Raj Films (YRF) to pay compensation.
• YRF challenged the decision at the National Consumer Disputes Redressal Commission (NCDRC), which affirmed Zaidi’s grievances and labelled the exclusion of the promotional song as an unfair trade practice.
• Supreme Court Intervention:
• YRF appealed against the NCDRC’s ruling in the Supreme Court, arguing that it is a common practice in the film industry to use promotional songs that may not feature in the final film.
• While acknowledging this practice, the Supreme Court emphasized that its continuation should not be assumed.
• The Supreme Court issued a stay on the NCDRC’s order and requested Zaidi to provide a plausible explanation, particularly regarding her classification as a consumer.
• The central contention lies in determining whether Zaidi qualifies as a consumer, considering the intermediary role of cinema halls in the transaction of film tickets

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