1. We have combined both the appeals as the disputes emerge from the same contract being CONT.09 / NEFR / TC / TVZ - CDR / 09 dated 29.04.2009 which was formalised for transporting foodgrains etc. from railway sidings / FSD Churaibari to FSD Chandrapur for a period of two years from the date of acceptance of the tender.

2. Let us first deal with RFA 16 of 2019 (The Food Corporation of India and Another v. M/S Namita Paul) as the decision of this appeal will determine the fate of the other appeal being RFA No.17 of 2019 (The Food Corporation of India and Another v. M/s Namita Paul).

3. The appellants in RFA No.16 of 2019, Food Corporation of India had accepted the rate quoted by the respondent and communicated their acceptance by FAX dated 20.04.2009 and the letter dated 29.04.2009. While accepting the tender it was communicated that the contract shall be governed by its terms and conditions as provided in the tender document. The respondent was advised to commence work with effect from 30.04.2009. The rate quoted by the respondent was 47.5% above the scheduled rate proposed by the appellant - corporation. The said rate was worked out @Rs.1176.54 for transportation of food grains per