DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.687/2009

1.      Shri Barun Dey

2.      Ms. Sumita Dey

          W/o Sh. Barun Dey

Both R/o

204-D, Pocket B,

Mayur Vihar, Phase-II,

Delhi-110091                                                     ….Complainants

Versus

1.      Sitaram  Bhartiya Institute of Science and Research

          B-16, Qutub Institutional Area,

          New Delhi

2.      M/s United India Insurance Co. Ltd.

          46-Basant Lok, Vasant Kunj,

          New Delhi-110057                                         ….Opposite Parties  

                                                  Date of Institution      :      08.09.2009        Date of Order    :       15.12.2017

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

ORDER

The complainants have filed the present complaint for directing the OP No. 1 to refund /reimburse the amount of Rs.16,000/- paid to  OP No.1 on 17.06.2007 alongwith uptodate interest @ 18% p.a., to restrain OP No.1 from recovering the amount of Rs.89,957/- against the alleged final bill No.1869 dated 07.06.07 or any other amount from the Complainants as the Complainant No.2 was medically insured upto an amount of Rs.4 lacs by OP No.2 and to pay Rs.2 lacs in the facts and circumstances of the case discussed in the complaint.

 Needless to say that both the OPs have contested the complaint on various grounds. The parties have also filed their respective evidence by way of affidavits.

This is an admitted fact that the OP No.1 herein filed old suit No.75/10/2008 (new suit No.7824/16) for recovery of Rs.89,957/- alongwith interest against the complainants herein and OP No.2 herein.  It is pertinent to mention here that the defendant No.3 & 4 (OP No.2 herein) in the suit were impleaded later on and initially the suit was filed against the complainants herein.  The complainants herein filed a written statement in the civil suit. Vide order dated 12.02.16 the Ld. Civil Judge (East) KKD Courts, Delhi decreed the suit and directed the defendant No.3 therein (OP No.2) herein to pay the outstanding amount of Rs.89,957/- to the plaintiff therein (OP No.1 herein) alongwith simple interest @ 6% p.a. from the date of filing of the suit till realization.  Now as recorded in the order sheet dated 17.10.17 the only prayer of the complainants is to issue direction to the OP No.1  to refund to them Rs.16,000/- paid by them to the OP No.1 on 17.06.2007 alongwith interest  @ 18% p.a. and some compensation amount.

In our considered opinion, the complainants herein had the liberty to file a counter claim in the civil suit filed before the institution of the present complaint against the OPs herein to the extent of Rs.16,000/- under the Civil Code Procedure and in that eventuality the Civil Court was competent to decide all the issues between the parties and the issue of refunding/non-refunding of the amount of Rs.16,000/- to the Complainants by OP No.1 herein. Therefore, we are of the considered opinion that now the complainants are debarred from taking this plea in the present complaint which has admittedly been filed after the institution of the civil suit. Therefore, we hold that the complainants are not entitled to any compensation and have failed to make out any case of refund of the amount of Rs.16,000/- in the present complaint. The complaint stands disposed off accordingly.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

Announced on 15.12.2017.