Supreme Court overturns 'Jabra Fan' case verdict, favors YRF
The Supreme Court of India has overturned a previous ruling by the National Consumer Disputes Redressal Commission (NCDRC) in the bizarre case surrounding the song Jabra Fan from the film Fan. The court ruled in favor of the production house Yash Raj Films (YRF), reversing an earlier decision that had instructed YRF to compensate viewer Afreen Fatima Zaidi with ₹10,000. The controversy arose from the exclusion of the song from the Shah Rukh Khan starrer.
Viewer's complaint led to an initial compensation order
Zaidi lodged a complaint expressing her and her children's disappointment when the heavily promoted song—performed by Khan—was included in promotional assets but excluded from the film. She claimed that this omission led to health problems for her children. The NCDRC initially supported Zaidi's claim, viewing the promotional strategy as an "unfair trade practice" under the Consumer Protection Act, leading to their order for YRF to compensate Zaidi.
Supreme Court sided with Yash Raj Films's argument
Subsequently, YRF contested the NCDRC's verdict at the Supreme Court, arguing that the song was simply meant for promotional purposes. The Supreme Court bench, comprising Justices PS Narasimha and Aravind Kumar, agreed with YRF's argument. The court clarified that promotional content and the final film are separate entities, stating, "We have formulated as to what are the implications of a promo song and trailer, and the contractual obligations thereto. We have allowed the appeal."
Previous rulings nullified by the Supreme Court's verdict
The Supreme Court's decision has effectively nullified the previous rulings in favor of Zaidi. In 2020, the NCDRC ordered YRF to pay ₹10,000 plus legal expenses to Zaidi for omitting the Nakash Aziz-crooned song. The Maharashtra consumer commission had also ruled in Zaidi's favor in 2017, instructing YRF to refund her ₹10,000 in compensation and ₹5,000 for legal costs. These rulings have now been overturned.
Refresher: What was 'Fan' all about?
Directed by Maneesh Sharma, the film explores the depths of parasocial relationships within the context of Bollywood. Khan essayed dual roles—of superstar Aryan Khanna and his manic fan Gaurav Chandna—who goes to unimaginable extents to meet and become a part of Aryan's life. Jabra Fan was written by Varun Grover and composed by Vishal-Sheykhar. The film is streaming on Amazon Prime Video.
