Chandigarh

DF-II

CC/262/2016

Prateek Chandgothia - Complainant(s)

Versus

M/s PVR Cinema - Opp.Party(s)

D.S.Soundh,Adv

26 Jul 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	262 of 2016
Date  of  Institution	:	20.04.2016
Date   of   Decision	:	26.07.2017

 

 

 

 

1]  Prateek Chandgothia s/o Sh.Pankaj Chandgothia, House No.120, Sector 7, Panchkula, through his mother & natural guardian Sangeeta Chandgothia.

2]  Shreyas Chandgothia s/o Sh.Pankaj Chandgothia, House No.120, Sector 7, Panchkula, through his mother & natural guardian Sangeeta Chandgothia.

3]  Sangeeta Chandgothia w/o Sh.Pankaj Chandgothia, H.No.120, Sector 7, Panchkula.

4]  Pankaj Chandgothia s/o Late Sh.R.S.Chandgothia, H.No.120, Sector 7, Panchkula.  

    …..Complainants

Versus

1]  M/s PVR Cinemas c/o PVR Elante, Plot No.178-178A, Elante Mall, Industrial and Business Park, Chandigarh, 160102 through its Incharge.

2]  M/s Yash Raj Films Private Limited (Mumbai), 5, Shah Industrial Estate, Veera Desai Road, Andheri (West), Mumbai 400 053 through its CEO India.  

3]  Mr.Shahrukh Khan, C/o Mannat, Land’s End, Bandstand, Bandra (West), Mumbai, Maharashtra 400050, India. [Deleted vide order dated 22.4.2016]  

                          ….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER

                                SH.RAVINDER SINGH              MEMBER 

 

Argued by: Sh.Pankaj Chandgothia, complainant NO.4 and on 

 behalf of complainants NO.1 to 3.

 None for Opposite Party No.1

           Sh.Gaurav Bhadwaj, Adv. for OP No.2.

            Opposite Party NO.3 deleted.

 

PER PRITI MALHOTRA, MEMBER

 

 

          As per the case of the complainant, OPs No.2 & 3 collaborated to make a movie named FAN, centered around the craziness of fans about their idol Shahrukh Khan and the song in the film called “JABRA FAN” was released on 16.2.2016 (Ann.A-1 & A-2). It is averred that the complainants were following the said film and eagerly awaiting its release in theatres and apart from being Shahrukh fans, they were enamored by the JABRA FAN song as it had good lyrics and catchy music.  However, when the complainants watched the said movie at Opposite Party NO.1 Cinema by purchasing tickets of premium sofa chairs for Rs.2600/- (Ann.A-3), they did not get the said JABRA Fan song in the film.  It is also averred that the expectation of the complainant were belied when the movie ended without the said JABRA Fan song, though the credits shown in the end duly mentioned the JABRA FAN song, its music director and lyricist and all this goes to show that the JABRA FAN song is an essential component of the movie and was so projected, but by showing the moving, without the said song amounts to unfair trade practice and deficiency in service. Hence, this complaint has been filed. 

 

2]       The Opposite Party No.1 has filed the reply and while admitting the sale of the movie tickets and showing of movie ‘FAN’, stated that the said movie was exhibited in our multiplex Elante Mall, Chandigarh on “as is where is basis” which was supplied and provided by Producer and Distributor. It is also stated that Opposite Party NO.1 is only the exhibitor, who exhibits the movie in the cinema theatres and multiplex on the revenue sharing basis.  It is further stated that the contents of movie can run only if the one time Key Delivery Message (KDM)/password is  provided by the owner/Distributor/Producer of the Movie for screening in Cinema/Multiplex only and therefore, there is no question arise to edit or cut in the movie by Opposite Party No.1. Pleading no deficiency in service and denying rest of the allegations, Opposite Party No.1 has prayed for dismissal of the complaint.

 

         The Opposite Party NO.2 has also filed reply stating that the song in question i.e. Jabra Fan, is only a promotional song and it was widely published in newspapers, media and on internet i.e. You Tube etc. that the film ‘FAN’ is a song less film and the song “Jabra Fan” is only a promotional track and all this was reported much before the release of the film.  It is stated that the complainants have not suffered any loss due to non-inclusion of the song in the film.  It is also stated that the right to include any song in the film is prerogative of the producer, director and the censor board.  It is pleaded that the son Jabra Fan was released on 16.2.2016 and full soundtrack album was released on 22.2.2016 which included 8 songs, all of which were different versions of song Jabra Fan.  The song was in 8 different prominent languages of India sung by regional singers. Denying rest of the allegations and pleading no deficiency in service or unfair trade practice, the Opposite Party NO.2 has prayed for dismissal of the complaint with exemplary costs.

 

3]       Replication has also been filed by the complainants thereby reiterating the assertions as made in the complaint and controverting that of the reply filed by OPs.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and have also perused the entire record.

 

6]       It is the main grouse in the present complaint that the anthem song i.e. “Jabra Fan” son of the movie ‘FAN’ has not been made part of the movie, which got released across the country on 16.4.2016. 

 

7]       On the contrary, it is the defence of the main Opposite Party NO.2 that the song in question i.e. “Jabra Fan” song is only a promotional song and it was widely published in newspapers, media and on internet i.e. You Tube etc. that the Film ‘FAN’ is a song less film and the song “Jabra Fan” is only a promotional track.

 

8]       Although the complainants alleged unfair trade practice on the part of the OPs, but to prove the alleged unfair trade practice, it was incumbent on the part of the complainants to bring on record the relevant provisions which mandates that the promotional song or the promotional track of any movie, must be the part of that movie; neither the pleadings in the complaint nor the arguments submitted disclosed any of the relevant provisions mandating the inclusion of promotional song in the film.  There is no clarity that whether the song “Jabra Fan’ was the part of the movie when it was certified by the Censor Board under the relevant provisions. The complainants also failed to establish that there is any ban/restriction or it is not legal to play or publicize the promotional track/song of any movie, in order to allure general public towards that movie.     

 

9]       We are of the considered view that the present complaint is not based on strong footings as it has been filed sans any cogent and reliable evidence and we find no relevant substance in the present complaint favouring complainants. 

 

10]      During the course of arguments, one of the complainant Sh.Pankaj Chandgothia, raised objection that the song in question i.e. “Jabra Fan” song is not duly certified as is required vide notification dated 9^th May, 1983 issued by Ministry of Information and Broadcasting, New Delhi. We are of the view that the issue raised at the time of arguments is not a part of pleadings/allegations, so cannot be entertained at this stage of final arguments.  Moreover, the complainants are at liberty to take such matter before said ministry or with the relevant Board if so desires. 

     

11]      In view of the foregoing discussion, we are of the opinion that the complaint is devoid of any merit.  Therefore, the present compliant is dismissed. No order as to costs.

        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

26^th July, 2017             

 

                                                                                      Sd/-

                                                                   (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER