Passed  by  Shri  Atul D. Alsi, Hon’ble President.

The O.P. NO.1 & 2 filed reply and submitted that the application is not tenable as preliminary application cum reply on the grounds that the complainant owned 4 trucks and arbitration award came to be passed for recovery of arrears of amount by passing separate award in 4 cases before filing of the present matter. 
The complainant submits that the award passed in 4 cases are exparte and in the said case the issue in respect of illegal seizure of trucks for recovery of 2 to 3 for unpaid instalments and ready to pay all outstanding amount in instalment so as to protect the right of livelihood. 
The complainant purchased 4 trucks and not playing by himself. Therefore the object is not earning of livelihood.  The arbitration award has been passed in respect of recovery of arrears against 4 trucks before filing of present petition. When the Arbitration Award has been passed then the remedy is Appeal or setting aside Arbitration Award proceeding before Civil Court or any tribunal but Consumer Commission is not appellate court hence the present proceeding on the ground of commercial purpose and Res-Judicata is not tenable hence disposed off.