SANTOSH Vs. CHARANJIT SINGH

JUDGEMENT

(1.) This complaint has been filed by Smt. Santosh w/o Shri Dharambir Singh Malik, who is employed as Head Constable in the Police Department against Dr. Charanjit Singh, Malhotra Dental Hospital, Jind alleging deficiency in service on the part of Dr. Charanjit Singh in the treatment of the complainant by the opposite party on 16th October, 1994. In fact, before filing of the present complaint, the husband of the complainant filed a complaint with the Station House Officer, Jind on 5th December, 1994, followed by complaints to Superintendent of Police, Deputy Inspector General and Deputy Commissioner, Jind on 16th December, 1994. As a result thereof on 10th January, 1995 in the presence of about half a dozen persons, a sum of Rs.40,000/- was paid by Dr. Charanjit Singh to Shri Dharambir Singh, husband, of the complainant and the matter was compromised. By way of evidence of the compromise, the complainant has annexed a copy of the settlement arrived at between the parties, duly signed by Shri Dharambir Singh, husband of the complainant and attested by S. H. O. , Police Station City Jind on 10th January, 1995, which reads as under : "the complaint lodged by Dharambir Singh S/o Sh. Ram Chander against Dr. Charanjit Singh has been got compromised by the respectables of the locality and as a result thereof, Dharambir Singh does not want to pursue his complaint. Accordingly, the complaint may be filed in view of the settlement arrived at between the parties as Dr. Charanjit Singh had paid Rs.40,000/- to the complainant".

(2.) Despite all this, the complainant has filed the present complaint before this Commission on its original side claiming Rs.17 lacs alongwith exemplary costs and interest at the rate of 18% per annum. After hearing the learned Counsel for the complainant and having gone through the record thoroughly, we are of the considered view that once the matter has been settled between the parties amicably and the sum of Rs.40,000/- was paid by the opposite party, it is not open to the complainant to file the present complaint for claiming further compensation. Consequently, the complaint is dismissed.