Final Order 1

Order Details: Copy of Judgment
Pdf Text: Suit No.85/2020 1 Ex-parte Judgment (Exh.11).
MHCC010000872020
Presented on : 02.01.2020
Registered on : 02.01.2020
Decided on : 20.01.2024
Duration : 4Y, 0 M, 19 D
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
S. C. SUIT NO. 85 OF 2020
Exh.11.
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
Ashwinkumar R. Mehta )
Indian inhabitant Aged – 60 years )
Occupation – Service/Business )
Residing at B-46, Vasudevan Apartment )
Sonaudyog Parsipa Nichayat Road, )
Andheri (E), Mumbai – 400 069 ) ...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.85/2020 2 Ex-parte Judgment (Exh.11).
Shri. Manoj Agiwal, Advocate for the plaintiff.
Defendant – (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.
The defendant was admitted to Bhatia Hospital on 14.02.2017
and he was discharged on 22.02.2017. The defendant had
submitted claim for reimbursement of Rs.2,68,458/- on
01.03.2017. The insurance company had approved claim
settlement of Rs.2,05,584/-. Accordingly, claim discharge
voucher having claim No. H1-UIC-000273001-0 dated
16.03.2017 in respect of the defendant’s claim was issued. It
was informed to the defendant that the claim has been settled
for Rs.2,05,584/- against the claim amount of Rs.2,68,458/-.
Amount of Rs.2,05,584/- 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.2,05,584/- to the defendant on 23.03.2017. The
plaintiff paid to the insurance company the amount paid twice
by the insurance company by mistake to the defendant. The
mistake came to the notice of the plaintiff during audit
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Suit No.85/2020 3 Ex-parte Judgment (Exh.11).
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 did attend the post
office to collect the letter and his house was locked.
Therefore, the plaintiff is claiming amount of Rs.2,05,584/-
with accrued interest of Rs.11,000/- at the rate of 9% per
annum with further interest from 21.12.2019 till the date of
realization.
3. The defendant is duly served with writ of summons
as per affidavit of service (Exh.3), but he failed to appear and
oppose the claim of the plaintiff. Therefore, my learned
predecessor passed ex-parte order against him on
07.06.2022.
4. PW-1 Uma Shankar Yadav, Constituted Attorney of
the plaintiff deposed on evidence affidavits Exh.5 and Exh.8.
The plaintiff has relied upon documents filed with list of
documents Exh.6 and Exh.7. Xerox copy of postal receipt is
marked as Exh.9. The plaintiff closed evidence vide pursis
Exh.10. 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
1. Does the plaintiff prove that
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Suit No.85/2020 4 Ex-parte Judgment (Exh.11).
he is entitled to recover
amount of
Rs.2,05,584/- 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.2,05,584/. She has also referred
documents filed with list of documents Exh.6 and Exh.7. It is
made out from documents that the said amount was paid to
the defendant twice on 16.03.2017 and 23.03.2017.
Furthermore, the plaintiff had sent letter dated 17.05.2019 to
the defendant. Door of the defendant’s house was locked and
he failed to collect consignment from the post office as per
track report. 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
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Suit No.85/2020 5 Ex-parte Judgment (Exh.11).
of above discussion, I record my finding as to point no.1 in the
affirmative. Hence, I pass the following order :
-ORDER-
1. S.C. Suit No.85/2020 is decreed.
2. The defendant is directed to pay amount of Rs.2,16,584/-
(Rupees Two Lacs Sixteen Thousand Five Hundred and
Eighty Four 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.2,05,584/- 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 : 22/01/2024.
3. Delivered to Certified :
Copy Section on
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Suit No.85/2020 6 Ex-parte Judgment (Exh.11).
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
24.01.2024 3.40 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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