Painting damaged, courier firm fined

NEW DELHI: State consumer commission has asked a courier company to pay Rs 54,000 compensation to an artist after a painting that she sent to a buyer in the UK was damaged in transit.
Prabha Shah, 62, had sent an oil painting titled `View From The Window' to Ben Thancanamootoo in the UK in March 2007, using services of Trackon Couriers Pvt Ltd. But when the painting reached the buyer in a damaged condition, the celebrated artist was forced to approach the consumer commission.Her brother Arun Shah, who handles the sale of her paintings, told TOI the painting reached destination "bent, damp and completely ruined''.
President of the state commission Justice Barkat Ali Zaidi said: "The parcel reached the buyer in UK in a damaged condition which occurred due to mishandling by the courier company. The courier company is hence liable to pay four times the value charged for the consignment which was Rs 6000... and an additional Rs 30,000 for the mental agony and emotional suffering caused to the respondent.''
After the district court gave a decision in favour of Shah in 2008, the courier company appealed in the state consumer commission. According to the artist, who has hearing impairment since birth, her paintings have a market value ranging between Rs 50,000 to 1,50,000.
In its defence, the courier company said there was no record produced by the respondent to show that the parcel contained any valuable article. The courier company also placed on record the terms and conditions that clearly said "in case of valuable parcel, consignor should declare the value and pay the guarantee charges... otherwise no claim will be considered''.
The artist replied that these terms and conditions were printed in small and fine letter and she was not told about them separately. She claimed the terms were not binding on her.