Yash Raj Films Private Limited Vs Afreen Fatima Zaidi & Anr. (Supreme Court of India)
The Supreme Court recently addressed the legal implications of movie trailers in the case of Yash Raj Films Private Limited Vs Afreen Fatima Zaidi & Anr. The court’s ruling clarifies the responsibilities of film producers regarding the content shown in promotional trailers and their implications for consumers.
The case centered around a consumer dispute where the complainant alleged deficiency of service and unfair trade practices based on discrepancies between the content of a promotional trailer and the actual film. The complainant, having watched the trailer of the film “Fan,” expected to see a particular song featured in the movie. However, upon viewing the film, she discovered that the song was not included.
The District Consumer Redressal Forum initially dismissed the complaint, stating that there was no consumer-service provider relationship. However, the State Commission overturned this decision, ruling that the film producer had engaged in an unfair trade practice. The National Consumer Disputes Redressal Commission upheld this decision, emphasizing that consumers would feel deceived if content advertised in trailers was not included in the film.
The Supreme Court’s analysis focused on two key aspects: deficiency of service and unfair trade practices. Regarding deficiency of service, the court clarified that a promotional trailer does not constitute an offer or promise. Therefore, discrepancies between the trailer and the film do not amount to a breach of contract or deficiency in service. The transaction of purchasing a movie ticket is independent of the content shown in the trailer.
