JUDGMENT

T. Amarnath Goud, J. - These appeals, being RFA 17 of 2016 and RFA 22 of 2017 challenging the judgment and decree dated 27.02.2016 in T.S.130 of 2012 and Judgment and decree dated 26.04.2017 in T.S.106 of 2012 passed by the Civil Judge(Sr.Div), West Tripura, Agartala respectively, have been clubbed together for disposal by a common judgment.

2. The appellant contract-transporter in RFA 17 of 2016 having been selected under tender dated 12.08.2009[Exbt.1] floated by the Food Corporation of India (FCI for short)[respondent herein] for transporting food grains on behalf of FCI for two years, started transportation of the same after depositing 50% of the total security deposit on condition of deducting remaining 50% from the admitted bills at 5% as per the tender provision, meanwhile after repeated communications by the Executive Director, FCI, since 01.06.2010, the appellant received letter on 07.06.2010 informing the appellant of possible termination of contract and imposing 'risk and cost terms' obligation under which the appellant would be allowed to carry the load prescribed by the respondent only which was reduced to half of the weight the appellant contractors would carry