Read Full Judgment: Yash Raj Films Pvt. Ltd. v. Afreen Fatima Zaidi & Anr.
In the Supreme Court case of Yash Raj Films Private Limited v. Afreen Fatima Zaidi & Anr., the central issue revolved around the legal implications of promotional trailers, particularly in the context of a consumer dispute. The complainant, who watched a promotional trailer for the film “Fan” produced by the appellant, claimed that she felt deceived when a song featured in the trailer was not included in the movie. She filed a consumer complaint alleging deficiency of service and unfair trade practice.
Initially, the District Consumer Redressal Forum dismissed the complaint, stating there was no consumer-service provider relationship. However, on appeal, the State Commission ruled in favor of the complainant, finding the appellant guilty of deficiency in service and unfair trade practice. The National Consumer Disputes Redressal Commission upheld this decision.
The Supreme Court addressed whether a promotional trailer creates a contractual relationship or obligations. It concluded that promotional trailers are unilateral and do not constitute offers, promises, or agreements enforceable by law. Therefore, the appellant cannot be held liable for failing to include content from the trailer in the movie.
Regarding the allegation of deficiency of service, the Court examined the definition under the Consumer Protection Act. It found that the complainant’s expectation based on the trailer did not amount to a legally binding promise. Thus, there was no deficiency of service as alleged.
Furthermore, the Court analyzed whether the appellant’s actions constituted unfair trade practice. It determined that the promotional trailer did not contain false statements or intend to mislead viewers. The burden of proving unfair trade practice lay with the complainant, who failed to provide sufficient evidence.
The Court emphasized the creative freedom involved in producing entertainment services like movies. It highlighted the need for a different standard in judging representations related to artistic transactions.
Consequently, the Supreme Court set aside the findings of deficiency of service and unfair trade practice and allowed the appeal filed by Yash Raj Films Private Limited.
The judgment clarified the legal status of promotional trailers and established a precedent regarding consumer disputes related to entertainment services. It reaffirmed the principle that promotional trailers do not create contractual obligations and underscored the importance of evidence in proving unfair trade practices.
