Missing Song from Movie, Can You Claim Service Deficiency for a Misleading Promotional Trailer? Case Against YASH RAJ FILMS
The Promotional Trailer did not create any Contractual Obligation.
Facts of the Case:
The respondent, Afreen Fatima Zaidi, watched a promotional trailer for the film “Fan” which included a song that led her to decide to watch the movie.
Upon watching the movie, she found that the song was not included, which led her to file a complaint claiming mental agony and seeking damages.
Case of the Appellant:
Yash Raj Films argued that a promotional trailer is not an offer or a promise and does not create a contractual relationship with the viewer. Therefore, the absence of the song does not amount to a deficiency in service or unfair trade practice.
Case of the Respondent:
The respondent contended that the absence of the song, which was heavily featured in the promotional material, constituted a deficiency in service and an unfair trade practice under the Consumer Protection Act.
Argument of the Appellant:
A promotional trailer is a form of advertisement meant to encourage movie viewership, not a contractual promise.
The service contract is limited to viewing the movie, not its specific contents based on promotional materials.
The promotional trailer does not fall under unfair trade practices as defined in the Consumer Protection Act, and there was no evidence of intent to mislead.
Argument of the Respondent:
The promotional trailer created an expectation, and the non inclusion of the song in the film was a deficiency in service.
The trailer misled the audience, constituting an unfair trade practice.
Case Laws Cited by Appellant:
- Tata Press Ltd v. Mahanagar Telephone Nigam Limited: Addresses the scope of commercial speech and advertisement.
- Arulmighu Dhandayudhapaniswamy Thirukoil v. Deptt. of Post Offices: Defines deficiency in service.
- Lakhanpal National Ltd v. MRTP Commission: Discusses unfair trade practices.
- KLM Royal Dutch Airlines v. Director General of Investigation and Registration: Examines false representations in advertisements.
- Ludhiana Improvement Trust, Ludhiana v. Shakti Cooperative House Building Society Ltd: Highlights the need for evidence in claims of unfair trade practices.
Case Laws Cited by Respondent:
Law Points:
- Promotional Trailer and Offer: A promotional trailer is not an offer and does not create a contract: [Paragraph 14]
- Deficiency in Service: Deficiency refers to a fault or shortcoming in service required by law or contract: [Paragraph 10]
- Unfair Trade Practice: Involves false representation that misleads the consumer: [Paragraph 17]
- Burden of Proof: Lies on the complainant to show evidence of unfair trade practice: [Paragraph 18]
- Artistic Services: Should be judged differently due to their creative nature: [Paragraph 19]
- A promotional trailer does not constitute an offer or promise: [Paragraph 14]
- There is no contractual relationship created by a promotional trailer: [Paragraph 14]
- No deficiency in service can be claimed based on the contents of a promotional trailer: [Paragraph 14]
- Unfair trade practice claims require substantive evidence of false representation: [Paragraph 18]
- Creative freedom in artistic services necessitates different judicial standards: [Paragraph 19]
Conclusion:
The Supreme Court set aside the NCDRC’s findings, ruling that the promotional trailer did not create any contractual obligation, and there was no deficiency in service or unfair trade practice. The appeal by Yash Raj Films was allowed.
General Point of View :
The courts ruled that trailers don’t create binding promises, and the complaint was dismissed.
The Supreme Court agreed with Yash Raj Films, ruling that there was no unfair practice or service deficiency.
Expert Analysis on Legal Points and Propositions :
Trailers are ads and don’t form contracts.
Misleading ads must be proven with solid evidence, and artistic freedom in movies is protected.
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Please read the full disclaimer. This Post is for informational purposes only and should not be relied upon as legal advice. Always consult with a qualified legal professional for specific legal matters.
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