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Excluding Song shown in Trailer from Movie is Unfair Trade Practice: YRF directed to pay compensation

February 20, 2020


National Consumer Dispute Redressal Commission (NCDRC) has held that inclusion of a song in the trailer or the promo of a movie, when it is not actually in the movie is deceptive to the viewers and amounts to unfair trade practice under Section 2(1)(r) of the Consumer Protection Act. The Complainant had filed the complaint stating that she and her family members decided to watch the Shah Rukh Khan Starrer “ Fan” after watching the promo which included the song “ Jabra Fan” . When the Complainant and her family members watched the film, she felt cheated and deceived as the song & quot Jabra Fan& quot was not a part of the film. The Commission stated that “ if a person likes the song in the promo and based upon such liking decides to visit a cinema hall for watching the said movie by paying money, he is bound to feel deceived, disappointed and dejected if the song shown in the promo is not found in the film.” The Commission held that such practice of including the song in the promo shown widely on TV channels, but excluding it from the movie constitutes unfair trade practice. It also stated that the obvious purpose behind this unfair trade practice is to draw the potential viewers to the hall by luring them with the song that is in the promo. Under this observation, Yash Raj Films (YRF) has been directed to pay compensation of Rs. 10,000 to the Complainant. It was also stated that the exclusion of the song (as impliedly promised but later omitted) amounts to deficiency as defined in Section(1)(g) of the Consumer Protection Act.


 

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