Consumer Protection Act, 1986 – Legal implications of a promotional trailer – Contractual relationship – Unfair trade practice – Complainant did not find a song in a movie, which was widely circulated for promoting and publicising movie – Consumer complaint filed – The District forum dismissed the complaint – The State Commission held that the appellant has engaged in an unfair trade practice as the song in the promotional trailer was widely circulated but not shown in the film – The NCDRC held that the exclusion of the song from the movie will also constitute a deficiency, as defined in s.2(1)(g) of the C.P. Act, if the song is impliedly promised, but is later omitted while exhibiting the movie – Correctness: Held: A promotional trailer is unilateral – It is only meant to encourage a viewer to purchase the ticket to the movie, which is an independent transaction and contract from the promotional trailer – A promotional trailer by itself is not an offer and neither intends to nor can create a contractual relationship – Since the promotional trailer is not an offer, there is no possibility of it becoming a promise – Therefore, there is no offer, much less a contract, between the appellant and the complainant to the effect that the song contained in the trailer would be played in the movie and if not played, it will amount to deficiency in the service – The transaction of service is only to enable the complainant to watch the movie upon the payment of consideration in the form of purchase of the movie ticket – This transaction is unconnected to the promotional trailer, which by itself does not create any kind of right of claim with respect to the content of the movie – The promotional trailer does not fall under any of the instances of “unfair method or unfair and deceptive practice” contained in clause (1) of s.2(1)(r) that pertains to unfair trade practice in the promotion of goods and services – Nor does it make any false statement or intend to mislead the viewers – Furthermore, the burden is on the complainant to produce cogent evidence that proves unfair trade practice but nothing has been brought on record in the present case to show the same – Therefore, no case for unfair trade practice is made out in the present case. [Paras 14, 18]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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