Final Order 1

Order Details: Copy of Judgment
Pdf Text: Suit No.83/2020 1 Ex-parte Judgment (Exh.13).
MHCC010000792020
Presented on : 02.01.2020
Registered on : 02.01.2020
Decided on : 20.01.2024
Duration : 04 Y, 00 M, 19 D
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
S. C. SUIT NO. 83 OF 2020
Exh.13.
HEALTHINDIA INSURANCE TPA )
SERVICES PVT LTD )
A company incorporated under )
the Companies Act, 1956 )
CIN U67200MH1997PTC105960 )
having its registered office at – 1114, )
Raheja Centre, Free Press House, )
Journal Marg, Nariman Point, )
Mumbai 400 021 and corporate office )
at 406-413, Neelkanth Corporate IT Park )
Kirol Road,Vidhyavihar (West), )
Mumbai – 400 086 and represented herein )
through its Constituted Attorney )
Uma Shankar Yadav. )
...Plaintiff
Versus
YOGESH T. BEREWALA )
Indian inhabitant Aged – 67 years )
Occupation – Service/Business )
Residing at 5, Sankist Building )
1st Road PS IV, Bandra (West) )
Mumbai – 400 050 ) ...Defendant
SUIT FOR RECOVERY OF MONEY
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.65).
DATE : 20th JANUARY, 2024.
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Suit No.83/2020 2 Ex-parte Judgment (Exh.13).
Shri. Manoj Agiwal, Advocate for the plaintiff.
Defendants – (Ex-parte).
JUDGMENT (EX-PARTE)
This is a suit for recovery of money.
2. Case of the plaintiff, in brief, is as under :
The plaintiff is a Private Limited Company having
registered office at Mumbai engaged in providing services to
Health Insurance Companies for processing medical
reimbursement claims of insured persons. The defendant was
an insured beneficiary of United India Insurance Company
Limited under insurance policy No.1204002816P111341793.
Mrs. Daksha Y. Berewala was admitted to Asian Heart Institute
and Research Center on 09.01.2017 and she was discharged
on 17.01.2017. The defendant had submitted claim for
reimbursement of Rs.5,91,027/- on 01.03.2017. The insurance
company had approved claim settlement of Rs.1,10,700/-.
Accordingly, claim discharge voucher having claim No. H1-UIC-
000254186-0 dated 09.03.2017 in respect of the defendant’s
claim was issued. It was informed to the defendant that the
claim has been settled for Rs.1,10,700/- against the claim
amount of Rs.5,91,027/-. Amount of Rs.1,10,700/- was
remitted to bank account of the defendant against full and
final settlement of the claim, but the plaintiff uploaded
approved payment file again on new payment platform by
mistake and it resulted into twice payment of Rs.1,10,700/- to
the defendant on 22.03.2017. The plaintiff paid to the
insurance company the amount paid twice by the insurance
company by mistake to the defendant. The mistake came to
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Suit No.83/2020 3 Ex-parte Judgment (Exh.13).
the notice of the plaintiff during audit undertaken by the
insurance company on 30.03.2017. The plaintiff issued letter
dated 17.05.2019 to the defendant pointing out the mistake
and requesting to pay back the amount paid by mistake. The
defendant received the letter on 21.05.2019. The defendant
sent reply dated 23.08.2019 seeking set off against the
deducted claim amount and also sought additional sums from
the plaintiff. Therefore, the plaintiff is claiming amount of
Rs.1,10,700/- with accrued interest of Rs.5,623/- at the rate of
9% per annum with further interest from 21.12.2020 till the
date of realization.
3. The defendant is duly served with writ of summons
as per affidavit of service (Exh.5), but he failed to appear and
oppose the claim of the plaintiff. Therefore, my learned
predecessor passed ex-parte order against him on
25/07/2022.
4. PW 1 Uma Shankar Yadav, Constituted Attorney of
the plaintiff deposed on evidence affidavits Exh.7 and Exh.10.
The plaintiff has relied upon documents filed with list of
documents Exh.8 and Exh.9. Xerox copy of postal receipt is
marked as Exh.11. The plaintiff closed evidence vide pursis
Exh.12. Heard learned counsel Shri Manoj Agiwal for the
plaintiff.
5. After considering pleadings of the plaintiff and
evidence on record, following points arose for my
determination with my findings against them with reasons to
follow :
SR.NO. POINTS FINDINGS
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Suit No.83/2020 4 Ex-parte Judgment (Exh.13).
1. Does the plaintiff prove that he is
entitled to recover amount of
Rs.1,10,700/- with interest on
principal amount from the defendant?
If yes, at what rate of interest ? In the Affirmative.
At the rate of 9% per annum
2. What order as to costs ? As per final order.
3. What order and decree ? Suit is decreed.
REASONS
AS TO POINTS NO.1 AND 2 :
6. PW 1 Uma Yadav has specifically stated about twice
payment made to the defendant towards settled policy
claimed amount of Rs.1,10,700/-. She has also referred
documents filed with list of documents Exh.8. It is made out
from documents that the said amount was paid to the
defendant twice on 10.03.2017 and 22.03.2017. Furthermore,
the plaintiff had sent letter dated 17.05.2019 to the
defendant. The defendant failed to make payment as per
claim of the plaintiff. Evidence of the plaintiff is unchallenged
for want of written statement and cross examination of the
plaintiff’s witness. In short, it is established from evidence on
record that the second payment was made by mistake. Ld.
Counsel Shri. Manoj Agiwal has rightly relied upon section 72
of the Indian Contract Act, 1872 to assert maintainability of
claim made by the plaintiff. The plaintiff has claimed interest
at the rate of 9% per annum which is quite reasonable and no
fluctuation is required to be made in rate of interest. Costs of
the suit is liable to be imposed on the defendant. In the light
of above discussion, I record my finding as to point no.1 in the
affirmative. Hence, I pass the following order :
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Suit No.83/2020 5 Ex-parte Judgment (Exh.13).
-ORDER-
1. S.C. Suit No.83/2020 is decreed.
2. The defendant is directed to pay amount of Rs.1,16,623/-
(Rupees One Lakh Sixteen Thousand Six Hundred and
Twenty Three Only) to the plaintiff within three
months from the date of decree.
3. The defendant is further directed to pay interest at the
rate of 9% per annum on the principal amount of
Rs.1,10,700/- from the date of the suit till realization.
4. The defendant shall bear the costs of the suit.
5. Decree be drawn up accordingly.
(R.R.BHAGWAT)
Judge,
City Civil & Sessions Court,
(Court Room No.65)
Date : 20/01/2024. Mumbai.
1. Dictated online on : 20/01/2024.
2. Signed on : 20/01/2024.
3. Delivered to Certified :
Copy Section on
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Suit No.83/2020 6 Ex-parte Judgment (Exh.13).
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
24.01.2024 3.55 pm Samruddhi Jadhav
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court Room
no.)
HHJ Shri R.R.Bhagwat.
(Court Room No.65).
Date of Pronouncement of Judgment/
Order
20/01/2024.
Judgment/Order signed by P.O. on 20/01/2024.
Judgment/Order uploaded on 24/01/2024.
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