The Supreme Court on Monday stayed the order of the National Consumer Disputes Redressal Commission (NCDRC) which had directed the production house Yash Raj Films to pay Rs 10,000 as compensation to a consumer who was aggrieved by the exclusion of the song 'Jabra Fan' from film 'Fan' starring actor Shah Rukh Khan.
A Bench headed by Justice Hemant Gupta also issued notice to the consumer Afreen Fatima Zaidi had filed a complaint in the NCDRC.
The complainant Zaidi had alleged that she was cheated as the song 'Jabra Fan, which was shown in the promos and trailers of the film 'Fan', was not played in the movie theatre.
The counsel of Yash Raj Films (YRF) contended before the apex court that the song 'Fan' was meant only for promotional purposes and the production house was under no obligation to include it in the movie.
YRF said it was not a service provider and that the complainant had availed the 'services' of the cinema hall and not that of the production house and the business arrangement between the producer, distributor and exhibitor of the movie has no relevance here.
The complainant had claimed that her children did not have food on the night when they went to watch the film in the theatre because they were disappointed as the song was not played at the theatre, which led to a spike in their acidity levels and hospitalisation.
YRF stated that mere non-inclusion of the song 'Jabra Fan' has not caused any loss to the complainant and that the claims are exaggerated.
In the year 2017, while the District Consumer Forum had rejected the complainant's claim, the State Commission of Maharashtra allowed her appeal and ordered the production house to compensate her with Rs 10,000 along with a litigation cost of Rs 5,000.
The NCDRC had last year passed the order in favour of the complainant.
( With inputs from ANI )
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