iconimg Monday, April 27, 2015

Shailee Dogra, Hindustan Times
Chandigarh , July 27, 2013
After six years of death of a businessman in an under construction building in the city, Uppal Housing Private Limited paid Rs. 2.65 crore to the family of the deceased. The firm was involved in the construction of Centra Mall in Industrial Area-1. The firm paid the amount to Bengaluru-based widow and kin of Yogesh Dutt, a glass business tycoon, who lost his life on July 24, 2007, while visiting the mall's construction site.

The payment of Rs. 2.65 crore was made as part of alternate dispute redressal mechanism where the parties opted to settle litigations out of court.

In a statement recorded before the court, complainant Bindesh Dutt, wife of Yogesh, claimed that she was not willing to pursue the criminal complaint. The court was considering preliminary evidence before summoning Uppals as accused in the case.

As per the statement recorded before the court of chief judicial magistrate Rajnish Kumar Sharma on July 17, 2013, the complainant accepted to have received a cheque for Rs. 1 crore, along with a cheque for Rs. 75 lakh for her son while Yogesh's parents received cheques for Rs. 45 lakh each.

Considering the statement of the complainant the case would be closed.Bindesh had moved a criminal complaint against Delhi-based Uppal Housing Private Limited and sought prosecution of its managing director Manish Uppal along with others. 

In her plaint, Bindesh had maintained that Yogesh was visiting the construction site as he had the contract of supplying and fitting the glass on the building.

She had alleged that on July 24, 2007, Yogesh had fallen into about 30 to 35 feet dug basement only due to the fact that there was no indication or barricade to warn him.

She had accused laxity on part of the company, claiming that neither any first aid was available at the site nor there was any ambulance available to take injured Yogesh to hospital. She had alleged that he was without medical aid for two hours which had led to his death.

Following the incident, an FIR against the company was registered under section 304-A (culpable homicide not amounting to murder) in Industrial Area police station.