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	Blog Categories All Constitution (3) Criminal Laws (27) Income Tax Updates (99) miscellaneous (3) Professional Updates > miscellaneous Professional Update Category: miscellaneous, Posted on: 24/04/2024 , Posted By: CA SHIKHAR GARG Professional Update (Income Tax C Visitor Count:43 Professional Update (Income Tax Case laws) Civil Appeal no. 4422 of 2024 (SC) Yash raj films private limited. vs Afreen Fatima Zaida & Anr. Facts The appellant is a popular film producer. The appellant is assailing the order of the national consumer disputes redressal commission. By the impugned order the appellant was directed to pay 10,000 rs as compensation to the respondent. The respondent has seen the trailer or promo of the movie “fan” in the year 2016. After watching the trailer the respondent likes the song “jafra” in the promo. The respondent convinces her family members to watch the movie on theatres. The respondent purchase 7 ticket amounting to 1,050 (150 X 7). After watching the films, the family member mocked her and to their surprise the song which the respondent likes the most, was not present in the entire film. The respondent lodged a complaint against the consumer protection act that song which is present in the trailer was not present in the entire film on theatre. The national consumer disputes redressal commission directed the yash raj production to compensate the respondent for the ticket cost and legal expense incurred. Issue Whether the “promo” or the trailer released or circulated before the movie creates a contractual relationship with the viewers. Whether it is unfair trade practice if the contents of the promotional trailer are not shown in the films. Held. The Supreme court held from the point of view of consumer protection act, 1986, that the promotional trailer is not an offer itself. It does not creates or intend to creates a contractual relationship between the viewer and the film production. Since promotional trailer is not a offer, then, there is no question of 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 to deficiency in the service. The transaction of service is only to enable the complainant to watch the movie upon the payment of consideration in the form of purchase of the movie ticket. This transaction is unconnected to the promotional trailer, which by itself does not create any kind of right of claim with respect to the content of the movie. Therefore, the order is set aside and allow the present appeal. s (Disclaimer: The information provided by the author in the article is for general informational purposes only. All information provided is in the good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information in the article.) CA Manoj Garg 9811275735 Disclaimer: The content of the blog does not create any responsibility of the firm / its authorized persons whose website is being accessed. The blog is not for legal use. Kindly verify the correctness of data/contents from your own sources. This is only for information purpose. To Activate comments you need to provide details for google authentication and facebook authentication

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