Mr. Justice R.N. Mittal, President—Briefly, the facts of the case are that the complainant is a Group Housing Society registered under the Cooperative Societies Act. They were constructing flats for the members no. plot on 37, Patparganj, Delhi. They wrote a letter dated 15.7.89 to J.K. Cement works, respondent No. 1, inquiring whether they were agreeable to supply 50,000/- cement bags to them on the terms and conditions mentioned in the letter. The respondent vide letter dated 12th August, 1989 agreed to supply the said quantity of bags to the complainant. It is alleged and that the complainant accepted the terms and conditions on which the respondent agreed to supply the bags.

2. The complainant thereafter placed orders for the supply of 15,000 cement bags on the respondent No. 1 from time to time, which were executed on 24th July, 1990 they asked the respondent No. 1 to supply 35,000 cement bags within one month. Inspite of various letters and reminders, the respondent failed to supply the said quantity. In order to avoid stoppage of work, it is pleaded, the complainant purchased 4336 bags from the market at a cost of rupees 3,91,789/-. The respondent had to supply the cemen