In the present case, the Apex Court discussed the legal implications of a promotional trailer of a movie and determined whether such trailer can create any contractual relationship and/or obligation leading to consumer dispute for deficiency of service and unfair trade practice.
The Respondents filed a consumer complaint before the District Consumer Redressal Forum against the Appellants, a well-known producer, for not containing the song ‘jabra fan’ in their movie, ‘Fan’. The complaint was dismissed on the grounds that there is no relationship of consumer and service provider. Against the said order, the Respondent filed an appeal before the State Commission, and the same was allowed. The Appellant then moved the National Consumer Dispute Redressal Commission (“NCDRC”) against the said order of State Commission. NCDRC held that displaying a song in the promotional trailer and not showcasing it in the movie, amounts to unfair trade practice. Further, playing a song in the trailer leads to an implied promise, thereby amounting to deficiency in services by the Appellants. Being aggrieved by the NCDRC order, the Appellants approached the Supreme Court. The Hon’ble Supreme Court while setting aside the NCDRC order highlighted that the relationship between the Respondent and the Appellants is that of Consumer-Service Provider, because the Respondent has paid the necessary consideration. However, the promotional trailers are unilateral and do not qualify as offers and can never turn into promises, thereby not creating any contractual relationship /agreement to become enforceable by the law. Thus, there exists no deficiency in the services of the Appellants. The court further observed that the alleged deficiency arose because of the Respondent’s wrongful expectations and not because of the actions of the Appellants. Additionally, the Hon’ble Supreme Court held that the promotional trailer does not fall under the instances of unfair method or unfair and deceptive practice, as the promotional trailer does not make any false statement or intend to mislead the viewers. The promotional trailers are only meant to encourage viewers to purchase the movie ticket.
The Supreme Court ruling clarified the major legal issue involved in relation to the promotional trailers and rightly held that they do not qualify as offers eliciting acceptance, are just an advertisement and as such they do not transform into promises much less agreements enforceable by law. Such trailers are only works of art and the filmmakers have creative freedom and this distinction should be kept in mind while deciding similar cases.