Pro­ducer to pay fan 15k over miss­ing ti­tle song

The Times of India (Mumbai edition) - - TIMES CITY - Mo­hammed.Akhef @times­

The Au­rangabad cir­cuit bench of Ma­ha­rash­tra State Con­sumer Dis­putes Re­dres­sal Com­mis­sion, Mum­bai, has di­rected the pro­ducer of the film ‘Fan’ to com­pen­sate Rs15,000 to a pe­ti­tioner for not show­ing in the movie the ti­tle song that was widely played in the trailer. The di­vi­sion bench, com­pris­ing pre­sid­ing ju­di­cial mem­ber S M Shem­bole and K B Gawali, said that not show­ing the ti­tle song ‘Jabra fan’ in the movie, fea­tur­ing Shah Rukh Khan, though it was widely played for pro­mot­ing the movie, amounted to an un­fair trade prac­tice.” They con­cluded that the op­po­nent, Aditya Cho­pra, com­mit­ted not only de­fi­ciency in ser­vice but also an un­fair trade prac­tice.

The com­mis­sion di­rected Cho­pra to pay a com­pen­sa­tion of Rs10,000 to­wards men­tal ha­rass­ment and Rs5,000 as cost of the com­plaint, in­clud­ing cost of ap­peal.

Pe­ti­tioner Afreen Fa­tima Zaidi, a 27-year-old teacher at a city school, had ap­proached the district con­sumer fo­rum. But her plea was dis­missed on April 22, 2016, say­ing there is no re­la­tion be­tween the com­plainant and re­spon­dent as a con­sumer and ser­vice provider and, there­fore, the com­plaint can­not come un­der the def­i­ni­tion of the Con­sumer Pro­tec­tion Act.

Afreen’s lawyer hus­band Zee­shan Zaidi con­tested that the film pro­ducer had, as part of the movie’s pro­mo­tion, played the ti­tle song on TV chan­nels in the trailer. But the song was not shown in the movie when the com­plainant and her fam­ily saw the movie. She had sought com­pen­sa­tion of Rs60,550, in­clud­ing Rs3,550 to­wards ex­pen­di­ture on tick­ets, snacks and rick­shaw fare, Rs25,000 to­wards men­tal ha­rass­ment and Rs30,000 as le­gal ex­penses.

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