M. Thanikachalam, President— The 1st and 2nd opposite parties are the appellants.

2. The 1st respondent in this appeal, as complainant has filed a case, on the following grounds, seeking a direction, for the payment of Rs. 5 lakhs levelling deficiency / unfair trade practice, against the opposite parties.

3. The complainant, in order to construct a building, had purchased 400 bags of cement, on 19.9.2000, and 29.1.0.2000, for a sum of Rs. 71,884, from the 3rd opposite party / dealer, the cement being manufactured by opposite parties 1 and 2. The complainant, following the procedure, using the good quality of other materials, has put up RCC pillars, and after curing the same, he has put up horizontal earth beam, measuring east-west 10 feet, north-south 16 feet, using proper material, with correct ratio of mixture. Though the complainant had used, quality bricks, standard steels, adopted proper curing method, employing supervision of good qualified site engineer, had noticed, cracks on the wall on 26.11.2000, which was informed to the engineer, who has noticed, after checking the cement mixture, that the cement was not having its binding and setting properties. Out of 400 bags, t