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PAMIDIGHANTAM SRI NARASIMHA, ARAVIND KUMAR
Yash Raj Films Private Limited – Appellant
Versus
Afreen Fatima Zaidi – Respondent
JUDGMENT :
PAMIDIGHANTAM SRI NARASIMHA, J.
1. What are the legal implications of a promotional trailer, popularly known as a ‘promo’, or a teaser that is circulated before the release of a movie? Does it create any contractual relationship or obligations akin to it? Is it an unfair trade practice if the contents of the promotional trailer are not shown in the movie? These questions have arisen in the context of a consumer dispute wherein the consumer courts have allowed the complaint alleging deficiency of service based on a ‘contractual obligation’ and ‘unfair trade practice’. For the reasons to follow, we have held that promotional trailers are unilateral and do not qualify as offers eliciting acceptance, and as such they do not transform into promises, much less agreements enforceable by law. We have also held that the facts do not indicate adoption of an unfair trade practice under the Consumer Protection Act, 1986. Before we delve into the analysis to draw our conclusions, the short facts necessary for the case are as follows.
2. The appellant is a known film producer. It produced a film called ‘Fan’ in the year 2016. Before the release of the film, the appellant circulated a pro
(1) Promotional trailers are unilateral and do not qualify as offers eliciting acceptance and as such they do not transform into promises, much less agreements enforceable by law.(2) Any person watch....
Endorsers cannot be held liable for unfair trade practices without direct involvement in the service transaction, as established under the Consumer Protection Act.
(1) Commercial purpose – To determine whether goods purchased by a person (which would include a legal entity like a company) were for a commercial purpose or not, within definition of a “consumer” a....
Consumer – Borrower of a project loan does not fall within definition of ‘Consumer’ under provisions of Consumer Protection Act, 1986.
(1) Allegation – Mere allegation, that the purchase of the property is for commercial purpose, cannot be the ground to reject the present consumer complaint.(2) Allotee – Allottee cannot terminate co....
Intending Purchasers - It may not be a false statement but certainly it is an unfair statement and the purpose of such unfair statement is to deceive the intending purchaser by falsely made them to b....
A partnership firm qualifies as a consumer under the Consumer Protection Act, 1986, establishing rights to seek redress for deficiency in service.
Onus to prove that service was obtained for a commercial purpose is on service provider – Negative burden cannot be placed on complainant to show that service available was not for a commercial purpo....
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