PVR Elante mall admits that Jabra song was not shown as not provided by distributor

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The “Jabra” song was not played in the movie shown at PVR Elante Mall, this has been admitted by exhibitor PVR Cinemas. The assertion came in response to a consumer complaint filed by local “Fans” alleging that the movie ‘FAN’ did not contain the much publicised anthem song “JABRA”.

The exhibitor PVR Cinemas have admitted before the consumer forum that “it was not in the content which was supplied/ provided by Producer/Distributor of the movie and therefore it was not played”.

Consumer Forum, Chandigarh Photo courtesy- chdconsumercourt.gov.in

Consumer Forum, Chandigarh                                                                                                                            Photo courtesy- chdconsumercourt.gov.in

Earlier, calling it an “unfair trade practice” and “deficiency in service”, the class-action suit petition filed by local advocate Pankaj Chandgothia, claimed over Rs. 19 lakhs in punitive damages, for misleading the general public by advertising the Jabra song in the promotions for the film .

The complaint filed by Chandgothia family said that people in India are star-crazy and choose to see a movie on the strength of its advertised contents such as storyline, stars, music and songs. Music and songs play a crucial role in the sale-ability of a movie.

The first and perhaps the only song in the film called “Jabra Fan” was released on February 16, 2016 and was touted as the fan Anthem song.

The details of the movie Fan, as shown on Wikipedia also depicts that the Jabra song is an integral part of the movie.

The complainants were also following the said film and eagerly awaiting its release in theatres. Apart from being Shahrukh fans, they were enamoured by the Jabra Fan song as it had good lyrics and catchy music. Its picturisation was also said to be very appealing.

On April, 16, 2016, its release date, the complainants went to see the same on the same day itself at PVR cinema, Elante Mall, Chandigarh.

The expectations of the complainants as also the general public were belied when the movie ended, without showing the said ‘Jabra Fan’ song. The credits shown in the end of the film, duly mention the Jabra Fan song, its music director and lyricist. All this goes to show that the Jabra Fan song is an essential component of the movie and was so projected.

Stating that opposite parties have publicised the ‘Jabra’ song as one of the main selling points of the movie, the petitioner stated that the legitimate expectation of the public had been belied.

PVR Cinemas said that they exhibited the movie on “as is where is” basis.  They said that “content of the movie could run only by the KDM (Key Delivery Message) password provided by the Distributor/Producer of the movie and the exhibitor cannot edit or cut the movie”.

When, the forum headed by Rajan Dewan asked the counsel for Yash Raj Films as to why the said song was not shown, he said that Jabra fan song was only a “promotional song” and was never intended to be a part of the movie.

Pankaj Chandgothia, counsel for the complainants contended that promotion can only be done about the contents of the movie and if the promoted song does not form part of the movie, it would amount to “unfair trade practice” which means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any deceptive practice or  represents that the goods or services have performance and characteristics which such goods or services do not have.

The Forum has directed Yash Raj Films to file their detailed written reply to the complaint on June 21, 2016.

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