Hyderabad: Trouble seems to be looming for Incor Builders with PBEL City residents contemplating taking the legal route to nail the builder for negligence that led to the death of a six-year-old. The legal avenues the residents can opt for are: Moving the consumer forum, checking if the Real Estate Regulatory Authority (RERA) has jurisdiction and moving a petition or filing a suit in the civil court seeking compensation.
So far, the Narsingi police has not taken the accused into custody as it is awaiting the post-mortem report and detailed analysis from the electricity department.
Senior advocate C. Mallesh Rao explaining the legal options, said, “It is criminal negligence and the party can be booked under Section 304 (A) of the IPC, even though they did not intend to harm. It is similar to a road accident, where there is no intention to kill but purely negligence of the concerned authority. If a life is lost or someone is severely injured the state is liable. For instance in the Uphaar fire incident, since it was criminal negligence the state was liable and made to pay compensation.”
He added, “The aggrieved party can move the civil court for compensation and file a suit with regard to the civic mismanagement.” The compensation is given on certain factors like the age of the person, the date of the occurrence and a number of dependents. Usually if the deceased is a senior citizen, the compensation is less.
According to legal experts, since the High Court has the original jurisdiction, the family or the aggrieved party can move the court for compensation.
Another legal avenue is the consumer forum. A couple of advocates with the forum, upon hearing the case, have come forward to help the family and residents. Senior advocate T.V. Rajeshwar Rao said, “The family can either claim compensation up to Rs 20 lakh under the district forum or above Rs 20 lakh at the state commission.”
Earlier the Lok Adalat was the competent authority. In several such cases, the adalat would direct the state to compensate. However, the body is no longer functional with no head and deputy chief.
Narsingi inspector G.V. Ramana Goud, in connection with case, addressed a letter to the electricity department officials requesting them to look into the issue to find out the cause of electrocution of Monish, 6, son of techie Diwakar, from Chennai, on Monday.
“The post-mortem report is also awaited from Tamil Nadu, which may take some time. So far, nobody has been taken into custody,” the inspector said....