Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. S. C. Suit No.322/2020
MHCC010008992020 Presented on : 24/01/2020
Registered on : 27/01/2020
Decided on : 13/02/2024
Duration : 04Y 00M 21D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
EXHIBIT - 12
S. C. SUIT NO.322 OF 2020
(CNR NO.MHCC01-000899-2020)
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, Vidyavihar (West),
Mumbai - 400 086 and represented herein through its
Constituted Attorney Uma Shankar Yadav.
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] ...PLAINTIFF
VERSUS
SHREYANS D MEHTA
India Inhabitant, Occupation : Services/Business,
A-102, Ambika Park No.1, Shiv Sena Lane,
Bhayandar – West Thane, Maharashtra 401 101.
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] ..DEFENDANT
Appearance :-
Learned Advocate Manoj Agiwal for plaintiff.
None for defendant.
(Ex-parte)
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.84.
DATE : 13/02/2024.
J U D G M E N T
1 This summary suit is filed for recovery of amount,
contending that the plaintiff is a Private Limited Company having its
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..2.. S. C. Suit No.322/2020
registered office at Mumbai engaged in providing services to health
insurance companies for processing of medical reimbursement claims
of insured persons. The defendant is an insured beneficiary of United
India Insurance Company Ltd. under the insurance policy
No.1204002816P111341793. It is the contention of plaintiff that on
10/01/2017, wife of defendant Ms Swara Mehta was admitted in the
hospital. She was discharged on 14/01/2017, thereafter, defendant
submitted claim of reimbursement of Rs.19,077/- on 28/01/2017.
Consequently, on 01/02/2017, his son Hiyaan Mehta was admitted in
the hospital and discharged on 04/02/2017. The defendant thereafter
submitted claim of reimbursement of Rs.13,203/- on 01/03/2017. AS
per the terms and condition also the claim was admitted and processed
accordingly. Then the plaintiff issued discharge of voucher in favour of
defendant for Rs19,077/- and for Rs.13,203/-. However, by mistake
the amount of Rs.19,077/- and Rs.13,203/- is paid twice. The plaintiff
has requested the defendant to pay back the amount paid twice i.e.
amount of Rs.32,280/-, but the defendant avoided to pay back the
same. Consequently, plaintiff has filed the instant suit for recovery of
amount alongwith interest at the rate of 9% per annum.
2 In response to the suit summons vide Exhibit-06, the
defendant is duly served with the summons, but failed to appear
before the Court, hence, suit is proceeded ex-parte against the
defendant as per the order in roznama dated 06/04/2022.
3 Having regard to the contentions of plaintiff, following
points arise for my determination and I have recorded my findings
thereon for the reasons thereunder :-
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..3.. S. C. Suit No.322/2020
POINTS FINDINGS
1 Does the plaintiff prove that it is entitled
to recover the amount of Rs.32,280/-
from the defendant ?
Affirmative
2 Does the plaintiff prove that it is entitled
to charge interest as prayed for ?
Affirmative
3 Is the plaintiff entitled for the reliefs
sought ?
Affirmative
4 What order ? As per final order.
4 In order to substantiate the contentions, the authorised
person of plaintiff Uma Shankar Yadav entered the witness box and
relied on various documents under list (Exhibit-08). Heard learned
advocate for plaintiff.
As to Point Nos.1 to 3 :
5 The authorized person of plaintiff has tendered her Claim
Affidavit (Exhibit-07) alongwith documents as per list (Exhibit-08). On
perusal of record, it reveals that twice payment was made to the
defendant towards settled policy claim of Rs.19,077/- and Rs.13,203/-.
The said amount was paid to the defendant twice on 22/03/2017.
Furthermore, the plaintiff had sent two letters dated 17/05/2019 to
the defendant. The evidence of plaintiff remain 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 on 22/03/2017 was made by mistake. The learned advocate
for plaintiff has rightly relied upon Section 72 of the Indian Contract
Act, 1872 to assert maintainability of claim made by the plaintiff.
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..4.. S. C. Suit No.322/2020
6 The omission on the part of the defendant and to proceed
with the suit and to raise defence shows that the defendant has no
good defence to challenge the claim of plaintiff.
7 So far as interest is concerned, the plaintiff is claiming
interest at the rate of 9% per annum from the defendant which is quite
reasonable and no fluctuation is required to be made in rate of
interest. Therefore, plaintiff is entitled for interest at the rate of 9% per
annum from the date of default i.e. date of notice issued by plaintiff’s
advocate 17/05/2019, till its full realisation.
8 As the defendant has made plaintiff constrained to file the
suit, it is also liable to pay the costs. In the result, I proceed to pass the
following order :-
ORDER
1. S. C. Suit No. 322 of 2020, is hereby decreed with
costs.
2. Plaintiff is entitled to recover an amount of
Rs.32,280/- alongwith interest at the rate of 9% per
annum from 17/05/2019, till its full realisation from
the defendant.
3. Decree be drawn up accordingly.
(Judgment dictated and pronounced in open Court)
( Shaikh Akbar Shaikh Jafar )
Judge, City Civil Court, Mazgaon,
Mumbai, C.R. No.84.
Date: 13/02/2024.
Dictated on : 13/02/2024
Transcribed on : 13/02/2024
Signed by HHJ on : 14/02/2024
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“Certified to be true and correct copy of the original signed order”.
15/02/2024
at about 4.30 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge, Court
Room No.84, Mazgaon, Mumbai
Date of pronouncement of Order : 13/02/2024
Order signed by Hon'ble Judge on : 14/02/2024
Order uploaded on : 15/02/2024
at about 4.30 p.m.
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