SC stays consumer court order directing Yash Raj Films to pay complainant Rs10,000 for not including song in Fan

The Supreme Court on Monday stayed an order of the National Consumer Disputes Redressal Commission (NCDRC) directing Yash Raj Films (YRF) to pay Rs10,000, as well as the litigation cost of Rs5,000, to an individual, Afreen Fatima Zaidi, as compensation for excluding the song 'Jabra Fan' from the film Fan (2016).

A disappointed Zaidi, who is a teacher, filed a complaint against the production house after a screening of the film in a theatre. While her complaint was rejected by a district forum, it was upheld by the Maharashtra State Disputes Redressal Commission (MSDRC), which fined the production house in October 2017. 

The studio then filed a review petition with the NCDRC, which upheld the state commission's order. The production house finally moved Supreme Court. 

The apex court bench of Justice Hemant Gupta and Justice V Ramasubramaniam issued notice on the appeal, after hearing YRF's counsel. 

According to LiveLaw.in, the production house has appealed on the basis that the complainant 'availed the services of the cinema hall and not that of the petitioner', as well that the song 'Jabra Fan' was only meant for 'the promotion of the movie, and the same was not meant to be a part of the movie'. YRF also defended its decision, saying that 'what scenes/songs/portions that the producer and director finally choose to retain as part of the film, after editing, and what they finally present to the public, is their prerogative'.

A notice has also been issued to the Central Board of Film Certification in the matter.