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Yash Raj Films Pvt. Ltd., Maharashtra v/s Afreen Fatima Zaidi & Another


Company & Directors' Information:- YASH RAJ FILMS PRIVATE LIMITED [Active] CIN = U92110MH1973PTC016788

Company & Directors' Information:- P. B. FILMS LIMITED [Active] CIN = U92100WB2007PLC119040

Company & Directors' Information:- K C FILMS PRIVATE LIMITED [Active] CIN = U22222UP2014PTC065113

Company & Directors' Information:- F. K. FILMS PRIVATE LIMITED [Active] CIN = U92100MH1974PTC017640

Company & Directors' Information:- A K FILMS PRIVATE LIMITED [Converted to LLP] CIN = U92100MH1999PTC118635

Company & Directors' Information:- C A FILMS PRIVATE LIMITED [Converted to LLP] CIN = U92100MH1999PTC120009

Company & Directors' Information:- K S B FILMS PRIVATE LIMITED [Strike Off] CIN = U92120MP1999PTC013818

Company & Directors' Information:- M B FILMS PVT LTD [Strike Off] CIN = U92111PB1993PTC013321

Company & Directors' Information:- R M RAJ AND CO PRIVATE LIMITED [Strike Off] CIN = U99999DL1952PTC002146

Company & Directors' Information:- A B C FILMS PRIVATE LTD [Active] CIN = U74899DL1987PTC027809

Company & Directors' Information:- K R FILMS PRIVATE LIMITED [Active] CIN = U92110MH1966PTC013500

Company & Directors' Information:- N V FILMS PRIVATE LIMITED [Strike Off] CIN = U92110MH2002PTC134804

Company & Directors' Information:- U. K. FILMS PRIVATE LIMITED [Strike Off] CIN = U92412WB2010PTC155635

Company & Directors' Information:- B V M FILMS PRIVATE LIMITED [Active] CIN = U92100DL2013PTC247476

Company & Directors' Information:- S R FILMS LTD [Strike Off] CIN = U92111PB1981PLC004669

Company & Directors' Information:- FILMS PRIVATE LIMITED. [Active] CIN = U92100MH1954PTC009231

Company & Directors' Information:- B R FILMS INDIA PRIVATE LIMITED [Active] CIN = U92110MH1971PTC015384

Company & Directors' Information:- J P FILMS PVT LTD [Strike Off] CIN = U92100WB1984PTC001447

Company & Directors' Information:- D K FILMS PVT LTD [Strike Off] CIN = U92112DL2001PTC111829

Company & Directors' Information:- R S R FILMS PRIVATE LIMITED [Strike Off] CIN = U92100MH2004PTC150082

Company & Directors' Information:- V N FILMS PRIVATE LIMITED [Amalgamated] CIN = U92490MH2007PTC284657

Company & Directors' Information:- 9 TO 6 FILMS PRIVATE LIMITED [Strike Off] CIN = U74120MH2013PTC244741

Company & Directors' Information:- D AND G FILMS PRIVATE LIMITED [Strike Off] CIN = U92111DL2004PTC130329

Company & Directors' Information:- P & R FILMS PRIVATE LIMITED [Active] CIN = U92400DL2011PTC227543

Company & Directors' Information:- A M FILMS PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC051420

Company & Directors' Information:- R R FILMS PRIVATE LIMITED [Strike Off] CIN = U92114MH2000PTC127612

Company & Directors' Information:- AT FILMS PRIVATE LIMITED [Strike Off] CIN = U92100MH2008PTC187702

Company & Directors' Information:- G G FILMS PVT LTD. [Strike Off] CIN = U92111WB1989PTC046190

Company & Directors' Information:- B M FILMS (PVT) LTD [Strike Off] CIN = U99999DL1973PTC006717

Company & Directors' Information:- M M FILMS PVT LTD [Strike Off] CIN = U92111CH1970PTC002955

Company & Directors' Information:- S V FILMS PRIVATE LIMITED [Strike Off] CIN = U92110MH1976PTC019358

Company & Directors' Information:- K S O FILMS PVT LTD [Strike Off] CIN = U92114PB1978PTC003808

Company & Directors' Information:- YASH CORPORATION PRIVATE LIMITED [Strike Off] CIN = U74140RJ2011PTC037349

Company & Directors' Information:- S I AND D FILMS PRIVATE LIMITED [Strike Off] CIN = U92100MH2002PTC137321

Company & Directors' Information:- J S FILMS PRIVATE LIMITED [Active] CIN = U92100MH2005PTC153658

Company & Directors' Information:- A. A. FILMS PRIVATE LIMITED [Active] CIN = U92100MH2008PTC180322

Company & Directors' Information:- M S AND S FILMS PRIVATE LIMITED [Strike Off] CIN = U92110MH2003PTC139849

Company & Directors' Information:- S N FILMS PRIVATE LIMITED [Strike Off] CIN = U92110MH2004PTC146211

Company & Directors' Information:- R M FILMS PRIVATE LIMITED [Strike Off] CIN = U93030MH2012PTC232871

Company & Directors' Information:- FATIMA CORPORATION PRIVATE LIMITED [Strike Off] CIN = U70102MH2012PTC234132

Company & Directors' Information:- M P R FILMS PRIVATE LIMITED [Strike Off] CIN = U22222MH2012PTC235794

Company & Directors' Information:- A S FILMS PRIVATE LIMITED [Strike Off] CIN = U74120MH2013PTC239421

Company & Directors' Information:- K V V FILMS PRIVATE LIMITED [Strike Off] CIN = U92412TG2011PTC078056

Company & Directors' Information:- N. A. R. T. FILMS PRIVATE LIMITED [Active] CIN = U74999DL2017PTC325681

Company & Directors' Information:- K 3 S FILMS PRIVATE LIMITED [Active] CIN = U92100DL2012PTC246330

Company & Directors' Information:- U C FILMS PRIVATE LIMITED [Active] CIN = U92113DL2005PTC137673

Company & Directors' Information:- M. D. FILMS PRIVATE LIMITED [Active] CIN = U93090DL2016PTC308419

Company & Directors' Information:- D FILMS PRIVATE LIMITED [Active] CIN = U92490OR2020PTC034576

Company & Directors' Information:- T V FILMS PRIVATE LIMITED [Strike Off] CIN = U92110MH1969PTC014215

Company & Directors' Information:- M G FILMS PVT LTD [Strike Off] CIN = U92140MH1973PTC016411

Company & Directors' Information:- B M S FILMS PRIVATE LIMITED [Strike Off] CIN = U92120KA1950PTC000647

Company & Directors' Information:- R D FILMS PRIVATE LIMITED [Strike Off] CIN = U32112DL1972PTC006088

Company & Directors' Information:- IN FILMS PRIVATE LIMITED [Strike Off] CIN = U74940DL1988PTC032954

    Revision Petition No. 156 of 2018

    Decided On, 18 February 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE V.K. JAIN
    By, PRESIDING MEMBER

    For the Petitioner: Jayant K. Mehta, Suveni Bhagat, Advocates. For the Respondents: R2, Suman Chauhan, Advocate, R1, Nemo.



Judgment Text


The complainant, who is a teacher by profession, on watching the promos of the film, namely, “Fan” decided to watch the said film with her family members. The promo, which the complainant and her children had seen before deciding to go to a cinema hall to watch the movie, included a song “Jabra Fan”. When the complainant and her family members watched the movie, the song “Jabra Fan” was missing from the said movie. Feeling cheated and deceived, the complainant approached the concerned District Forum by way of a consumer complaint seeking compensation, alongwith a direction to the petitioners to air the promos and song with a caveat that the said song was not included in the film.

2. The complaint having been dismissed by the District Forum, the complainant approached the concerned State Commission by way of an appeal. The appeal was resisted by the petitioner who interalia submitted that the complainant cannot be said to be a consumer. On merits, it was submitted 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 interviews that the said song will not be a part of the movie.

3. The State Commission, vide impugned order dated 22.9.2017 directed the petitioner to pay compensation quantified at Rs.10,000/- to the complainant alongwith cost of litigation quantified at Rs.5,000/-. Being aggrieved, the petitioner is before this Commission.

4. The first question which arises for consideration in this petition is as to whether the complainant can be said to be a consumer within the meaning of Section 2(1)(d) of the Consumer Protection Act or not. Consumer means a person who buys goods or hires or avails services for a consideration. The complainant having paid the price of the tickets of the movie “Fan” to the Exhibitor (Cinema Hall), for watching the said movie, it cannot be disputed that the consideration was duly paid by her though she may not have paid it directly to the petitioner which is the producer of the film “Fan”. However, it is not necessary that the consideration for purchasing goods or hiring or availing services must necessarily be paid directly to the person who sells the goods or renders services to the consumer. The consideration may also flow to the seller of the goods or the service provider as the case, may be through an intermediary. The complainant paid the price of the ticket to the Exhibitor. The price of the ticket received by the Exhibitor, after excluding the tax component, is shared between the Exhibitor, Distributor and Producer of the movie. This is not the case of the petitioner that no part of the price of the tickets was received by them through the Exhibitor/Distributor of the movie. Therefore, it cannot be accepted that the complainant was not a consumer of the petitioner.

5. The term deficiency has been defined as under in Section 2 (1) (g) of the Consumer Protection Act:-

1. "deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service;

6. The term unfair trade practice is defined in Section 2(1)(r) of the Consumer Protection Act and it includes the practices enumerated in the said Clause though the aforesaid Clause is not exhaustive and there can be practices other than those specified therein which amount to an unfair method or unfair or deceptive practice.

7. When the producer of a movie shows the promos of the said movie on TV Channels, etc. and such promos include a song, any person watching the promo would be justified in believing that the movie would contain the song shown in the said promos, unless the promo itself contains a disclaimer that the song will not be a part of the movie. If a person likes the song shown in the promo and based upon such liking decides to visit a cinema hall for watching the said movie for a consideration, he is bound to feel deceived, disappointed and dejected if the song shown in the promo is not found in the film. The practice of including a song in the promo of a film shown widely on TV Channels but excluding the said song while exhibiting the movie, in my opinion, constitutes an unfair trade practice. The obvious purpose behind such an unfair trade practice is to draw the potential viewers to the cinema hall by luring them with the song which forms part of the promo and thereby making gain at the cost of the viewer if the song does not form part of the movie for which consideration is paid by the viewer. The exclusion of the song from the movie will also constitute a deficiency, as defined in Section (1)(g) of the C.P. Act, if the song is impliedly promised, but is later omitted while exhibiting the movie.

8. Though it is claimed that the Producer and Actor of the movie had declared publicly that the song which forms part of the promo would not be a part of the movie, the said disclosure, even if it was made, would not be sufficient since it is not necessary that a person who watches the promo containing the song would also happen to see the interview given by the actor/producer of the movie. In fact, I fail to

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understand the logic behind including the song in the promo but excluding it while exhibiting the movie, unless the intention of the producer is to deceive the viewer by making him believe that the song would form part of the movie while knowing it very well that the said song would not be a part of the movie when it is exhibited in the cinema halls. 9. For the reasons stated hereinabove, I find no justification to interfere with the impugned order in exercise of the revisional jurisdiction of this Commission. The revision petition is, therefore, dismissed, with no order as to costs.
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