ORDER NO. 5 DT. 24.4.09 

Heard the Ld. Advocate for the Appellant and Mr. N.R.Mukherjee, Ld. Advocate for the Respondent.  The contention of the Appellant is that in a case before the MACT Tribunal with regard to an accident of a vehicle belonging to the Appellant, he relied upon the Insurance Company which was also an Opposite Party before the said Tribunal and on such trust and belief the Appellant did not participate in the proceeding before the Tribunal after handing over all papers to the Insurance Co.  The Tribunal initially held the entire dues as liability of the Appellant.  But after the notice was served in the certrificate case for execution of the award of the Tribunal when the Appellant applied before the Tribunal,  the original order was modified to the extent that the liability for the insurance coverage would be of the Insurance Co.   But for the lapses on the part of the Appellant in contesting the case before the Tribunal a cost of Rs. 50,000/- was imposed.  Asking for a relief from the liability of the said sum of Rs. 50,000/- as imposed as cost on the Appellant he approached the Forum under Consumer Protection Act.  The Forum below dismissed the said proceeding and challenging the said judgement of the Forum below the present Appeal has been preferred.

After hearing the Ld. Advocates of the parties and perusing the materials on record we are of the opinion that in respect of the said imposition of cost of Rs. 50,000/- the Insurance Co. was not a service provider, nor the Appellant was a Consumer and, therefore, no relief could be granted by the Forum below to the Appellant.  Though we have not decided the other contentions with regard to the proceeding before the Tribunal on merit, but as regards the present case, we hold that the consumer complaint is not maintainable and the present Appeal is dismissed.