THE SUPREME COURT DECIDES IN FAVOR OF YASH RAJ FILMS IN SHAH RUKH KHAN'S 'JABRA FAN' DISPUTE

Yash Raj Films has appeared victorious as the Supreme Court of India overturned a previous ruling by the National Consumer Disputes Redressal Commission regarding the exclusion of the song ‘Jabra Fan’ from the Shah Rukh Khan starrer Fan. The 2021 order had directed YRF to compensate a moviegoer for Rs 10,000 for feeling fooled by the song's absence in the film. With the recent ruling, the Supreme Court has sided with YRF in the legal battle over the inclusion of the song in the movie.

Afreen Fatima Zaidi lodged a complaint, contending that the deletion of ‘Jabra Fan’ from the film left her and her children disappointed, especially after its promotion in trailers. Zaidi asserted that this failure even caused health concerns for her children. Initially, the NCDRC supported Zaidi's stance, categorizing the promotional strategy as an unjust trade practice under the Consumer Protection Act.

YRF had stated that the 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 also passed the order in favor of the complainant.

The Supreme Court Bench said that they have formulated the implications of a promo song and trailer and the contractual obligations thereto. They have allowed the appeal.

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