(1.) The above said Execution Revision Petitions have been filed under Section 21(b) of the Consumer Protection Act, 1986 against the order dated 22.9.2016 passed in EA/15/2 in Consumer Complaint Nos.CC/11/103 and EA/15/3 in CC/11/104 by Maharashtra State Consumer Disputes Redressal Commission, Mumbai (in short, 'the State Commission').
(2.) This order shall decide two Execution Revision Petitions filed by Mr. Vasant Janardan Aher, the Petitioner, then Director of the Company. The State Commission passed the final order in C.C No.103 of 2011 and C.C. No.104 of 2011 on 22.09.2016 and gave option to the Opposite Party to refund Rs.25,00,000/- along with interest @10% P.A. w.e.f 06.12.2008 till realization, failing which penal interest @ 6% P.A. was also chargeable, also allowed compensation of Rs.10,000/-for mental agony and Rs.10,000/- as cost. In pursuant to the final order the Opposite Party failed to comply the award. Therefore, the State Commission decided the Execution Applications (EA No.14/2 and 15/2) and issued the recovery certificate to be enforced from Collector, Pune to recover the amount from the Company and/or Director.
(3.) We have heard the learned counsel for the Petitioner. He submitted that, it is well settled law that the company is a legal entity distinct from share-holders as well as its Directors and as such no proceeding can be taken against the Directors of the company for recovery of any amount whatsoever due from the Company. The counsel further submitted that considering the effect of incorporation of the company and its independent juristic existence, the former director of the company cannot be held responsible for the payment of liabilities, if any, of the company in absence of any specific provision. The petitioner also prayed for deletion of his name from the said execution application as his name had been erroneously included by the complainant. The counsel also submitted that calculation submitted in the application was not proper and Director/Petitioner is not liable to pay any amount in personal capacity.