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The Supreme Court on Monday, while staying an order passed by the National Consumer Dispute Redressal Commission, issued notice in a plea challenging order directing Yash Raj Films Pvt. Ltd. to pay Rs. 10.000/- compensation along with Rs. 5000/- for litigation cost to consumer disappointed by the exclusion of Song Jabra Fan from the movie Fan.

A divisional bench of Justice Hemant Gupta and Justice V Ramasubramanian has issued to the consumer Afreen Fatima Zaidi and the Central Board of Film Certification.

NCDRC in its Judgment had noted, "When the producer of a movie shows the promos of the said movie on TV Channels, etc. and such promos include a song, any person watching the promo would be justified in believing that the movie would contain the song shown in the said promos, unless the promo itself contains a disclaimer that the song will not be a part of the movie."

"If a person likes the song shown in the promo and based upon such liking decides to visit a cinema hall for watching the said movie for a consideration, he is bound to feel deceived, disappointed and dejected if the song shown in the promo is not found in the film.," the Commission had added.

The plea has submitted that the scenes, songs, portions are finally chosen to retain as the part of the film by the producer and director of the film, whereas, members of the public cannot demand the story to be presented in a specific manner.

However, the NCDRC order had noted that the exclusion of the song from the movie will also constitute a deficiency, as defined in Section (1)(g) of the C.P. Act, if the song is impliedly promised, but is later omitted while exhibiting the movie.