The Supreme Court said that if the content of the trailer is not included in the movie then it does not amount to “deficiency of services”.
It was alleged by the complainant that the service is deficient as the content shown in the movie’s trailer was not included in the movie. The consumer buys the ticket after being attracted by the trailer and if that content is not shown in the movie then it will amount to “deficiency of services”.
Justice PS Narsimha said “A promotional trailer is unilateral. It is only meant to encourage a viewer to purchase the ticket to the movie, which is an independent transaction and contract from the promotional trailer. A promotional trailer by itself is not an offer and neither intends to nor can create a contractual relationship. Since the promotional trailer is not an offer, there is no possibility of it becoming a promise. Therefore, there is no offer, much less a contract, between the appellant and the complainant to the effect that the song contained in the trailer would be played in the movie and if not played, it will amount deficiency in the service”.
Yash Raj Films Pvt. Ltd. has filed a plea before the Supreme Court against NCDRC’s order to pay Rs. 15,000 as compensation for “deficiency in services” in the movie titled “Fan”.
The court said that the transaction for the movie ticket was not connected to the promotional trailer and did not create any kind of right to claim. The court considered Section 2(1)(g) of the Consumer Protection Act, 1986 which talks about the deficiency of services. The Supreme Court set aside the findings of the order and allowed the appeal.
Case Name- Yash Raj Films Private Limited v. Afreen Fatima Zaidi
Name- Ananya Jaiswal, BALLB (Hons.) Banaras Hindu University, INTER UNDER LEGAL VIDHIYA
Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is of a personal nature
0 Comments