AMBALAL SOMCHAND SHAH Vs. NARSINHBHAI G PATEL

JUDGEMENT

(1.) By way of this complaint, the complainant has prayed for following reliefs against the opponent : "rs.6,48,285/- to the complainant for the monetary loss suffered by him. Further interest on Rs.6,07,000/- for a period since 1.3.1998 till payment. Rs.25,000/- as compensation to the complainant for the mental torture and agony suffered by him. Rs.15,000/- as costs to the complainant. "

(2.) Briefly stated, the allegations of facts appearing in the complaint are :

(3.) The opponent is a Chartered Accountant carrying on the profession as such and also as Tax Consultant and Financial Advisor in the name and style of 'narsinhbhai G. Patel and Company. The complainant is stated to have been the beneficiary of professional services rendered by the opponent for consideration. In this respect it has been alleged that one Suraj Sales Corporation, a partnership firm consisting of its partners viz. [1] the complainant, [2] Pushpaben Punjabhai Patel, [3] Manjulaben Jashbhai Patel and [4] Hiteshbhai Natvarlal Patel hired the services of the opponent as Tax Consultant and Financial Advisor. The professional fee were being paid by cheque every year. The complainant's firm came into being in the year 1973 as Sole Distributor of the product range of submersible pumps and variety of other electrical motors. Punjabhai Patel, Pushpaben's husband and Shri Jashbhai Patel, Manjulaben's husband were partners of Shri Unnati Industries, which concern manufactured and marketed the aforesaid products for which the complainant's firm was having exclusive rights as sole selling agents. It has been alleged by the complainant that in fact, aforesaid Punjabhai Patel and Jashbhai Patel used to manage the affairs of the complainant's firm Suraj Sales Corporation. It has further been alleged that at a later stage Shree Unnati Electricals came into being in the year 1985 manufacturing identical products. That firm was a partnership firm consisting of One Rakeshbhai Punjabhai Patel [punjabhai's son] and Pulkit Jashbhai Patel [jashbhai's son]. The complainant's firm Suraj Sales Corporation were given exclusive rights as sole selling agents and distributors of the products of the said new firm. It has been alleged that as per the oral terms mutually agreed upon between the partners of Suraj Sales Corporation, the complainant had 15% share, Smt. Pushpaben had 40% share, Smt. Manjulaben had 35% share and Shri Hiteshbhai had 10% share in the profits. Besides, the complainant was entitled to 5% overriding commission on the invoice value of direct sales procured by the personal efforts of the complainant. The said overriding commission was to be directly parted with by aforesaid Unnati Industries and Shree Unnati Electricals.