KUNJITHOMMAN E.T ELENGICAL HOUSE, KOZHIPILLY P.O. KOTHAMANGALAM Vs. CHAIRMAN CUM MANAGING DIRECTOR, UNITED INDIA INSURANCE CO. LTD. HEAD OFFICE 24, WHITES ROAD, CHENNAI

JUDGEMENT

(1.) The petitioner/complainant retired from the services of the respondent-United India Insurance Co. Ltd. On 01.01.2013, when the petitioner was still in the service of the respondent, a scheme namely ‘Conveyance Scheme 2002’ was introduced by the respondent for the benefit of its employees. Under the said scheme, the complainant could transfer his vehicle to his employer at a consideration equal to the loan which he had taken for purchase the said car and thereafter he was to stand relieved of his obligation to make further payment of the loan instalments. Under the scheme, he could use the car for 8 years and thereafter or earlier if he prematurely exited from the scheme, the vehicle was to be transferred back to him at a price equivalent to the book value of the car. The said book value was to be arrived by applying the 20% depreciation every year, from the date of purchase of the car.

(2.) On 1.7.2003, the complainant exited from the aforesaid scheme when he was transferred to the administrative side of the company. At that time, the car was transferred to him at a consideration of Rs.1,66,177/-. The case of the complainant is that the actual book value of the car at that time was only Rs.76,343.00. Being aggrieved he filed a consumer complaint seeking recovery the excess amount collected from him by the respondent.

(3.) The complaint was resisted by the respondent on several grounds including that the petitioner/complainant was not a consumer as defined in the Consumer Protection Act.