Back in 2017, after the release of Shah Rukh Khan's Fan, a woman in Maharashtra sued Yash Raj Films for not including the song 'Jabra Fan' in the movie as it was advertised in the trailer. Afreen Fatima Zaidi took legal action against the makers for misleading audiences.
Zaidi revealed in her complaint that she had seen the promos of the movie Fan which included the song 'Jabra Fan' and decided to watch the film with her family members. She claimed that her children did not eat food on the night when they went to watch the film, as they were disappointed over the fact that the song was not a part of the film - resulting in a spike in their acidity levels and hospitalization.
A report in Live Law, said that she moved the Maharashtra State Consumer Commission, which directed the YRF in 2017 to compensate her with Rs 10,000 along with a litigation cost of Rs 5,000. In 2020, the apex consumer forum, the National Consumer Disputes Redressal Commission (NCDRC) also directed YRF to pay the compensation to Zaidi.
However, the Supreme Court on Monday (September 20) stayed the order by NCDRC. A bench of Justices Hemant Gupta and V Ramasubramanium issued notices to the Central Board of Film Certification and the complainant, Zaidi. The Supreme court hearing comes after YRF challenged NCDRC's order to pay compensation at Rs10,000 to the complainant Afreen Fatima Zaidi along with litigation cost of Rs 5,000.
NCDRC commission during the previous hearing noted that the makers included the song to draw potential viewers to cinema hall by luring them with the song and thereby making gain at cost of the viewer.
"In fact, I fail to 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," NCDRC presiding member V K Jain said.
The NCDRC had rejected the contention by YRF claiming that the producers had publicly declared in an interview that the song which was part of the promo would not be a part of the movie. The commission said it was insufficient as there was no guarantee that a person who watched the promo would have also seen the said interview.