The Complainant resides at Mankhurd and has a residence at Sarai Yusuf, Machhli Shahar, Jaunpur, Uttar Pradesh. He has two sons named, Sunny and Ajay Jaiswar aged 18 and 24 respectively. Ajay has been based in Mumbai for the last three years for Air Conditioners repair and installation employment. The Complainant is a farmer and survives on the income generated by farming.

The wife of the Complainant died in 2003 and he has been taking care of his sons. His financial condition was weak and somehow he was managing his livelihood. His elder son Mr. Ajay Jaiswar was residing with his aunt namely, Chandrakala Manojkumar Jaiswar, at Room No 3, Ajinkya Chawl No 25, Maharashtra Nagar, Mankhurd, Mumbai, and he was employed with M/s BSR Conditioning, having its address at Shop No 1, Suraj Singh Estate, Agrawal Industrial Estate, Captain Samant Marg, SV Road, Jogeshwari West, Mumbai.

Ajay had informed the Complainant (his father) that, he had to go to high rises towers, buildings, and offices for repairing AC and he used to work according to the directions of the owner of the AC repair company.

On October 27, 2022, the sister of the Complainant informed him that, Ajay while working on repairing the AC installed at the office of Kone Elevators died by falling from the 8th floor of Silver Utopia Building, situated on Andheri East at around 10.40 am in the morning. The Complainant was devastated upon hearing about the death of Ajay, however, due to his sickness, he could not travel to Mumbai and also could not claim the body of Ajay Jaiswar.

After that, the Complaint came down to Andheri Police Station and he was informed that Accidental Death Report No 85 of 2022 under section 174 of IPC was registered and the investigation was on.

The Complainant came to know that, M/s BSR Conditioning did not provide necessary safety equipment like Helmet, Rope, and Safety Belt to Ajay Jaiswar while he was working on AC repair in a highrise building. If M/s BSR Conditioning had provided the necessary safety equipment to Ajay while he was working, then Ajay would not have fallen down from the 8th floor, and neither he would have died.

On October 27, 2022, at around 10.40 am, Ajay Jaiswar had gone to the office of Kone Elevators Private Limited to repair malfunctioned Air Conditioner installed in the office. At that time, the partners of enterprise M/s BSR Conditioning did not provide necessary life-saving safety equipment to Ajay Jaiswar, due to which, Ajay Jaiswar died while repairing the Air conditioner.

Therefore, I am filing this legal complaint against the partners of M/s B S Airconditioning, Jogeshwari, Mumbai namely, 1) Mahesh Ramsurat Bind, Age: 37 years, 2) Mohammed Afzal Abdul Aziz Siddiqui, Age: 45 years and 3) Afsar Ali Shaikh, Age: 30 years for the offense.

The Complainant’s statement was recorded in Marathi and it was explained to him in Hindi and he confirmed the same.

Copy of FIR 31 of 2023 Download