JUSTICE V. K. JAIN (ORAL) 1. These Appeals are directed against the Order of the State Commission dated 11-10-2017 whereby a Consumer Complaint filed against M/s. Jain Irrigation Systems Ltd., Appellant in FA No.2408 of 2017, was allowed. 2. Being aggrieved from the Order passed by the State Commission, M/s. Jain Irrigation Systems Ltd. is before this Commission by way of FA No.2408 of 2017. Since the Complainant is also dissatisfied with the quantum of compensation awarded to him, he is before this Commission by way of FA No.2407 of 2017. 3. The case of the Complainant in nutshell is that under a Scheme of Rajasthan Government, he had got erected a shed net and he had to grow specified vegetables as per the directions of the government such as capsicum, etc., under the said shed net. The grievance of the Complainant is that the shed net erected by the Opposite Party, Jain Irrigation System Ltd., was defective and inferior material had been used in its erection. This is also his case that the GI pipes used by Jain Irrigation Systems Ltd. were of inferior quality and the shed net erected by them had got torn. Though the shed net was repaired, but the vegetables grown by the Complainant got destroyed before such repair. Even thereafter, the shed net again got torn and the drip system as well as the fogger system also ran out of order. As a consequence, the tomato crop grown by the Complainant also got damaged. Alleging defects in the shed net erected by Jain Irrigation Systems Ltd., the Complainant approached the concerned State Commission seeking compensation along with reimbursement for the loss suffered by him on account of destruction of his crop. 4. In the Consumer Complaint, the address of Jain Irrigation Systems Ltd. was given as 302, Third Floor, Adarsh Plaza, Khasa Kothi Circle, Bani Park, Jaipur. The notice sent by the State Commission by registered post having not been received back, either served or unserved, for more than 30 days, the statutory presumption of service was drawn and the Company was declared to have been served. The Company having been proceeded ex parte got no opportunity to present its case before the State Commission and contest the Consumer Complaint on merits. 5. The case of M/s. Jain Irrigation Systems Ltd. is that it had shifted from the address given in the Consumer Complaint much before the notice came to be issued by the State Commission and, therefore, the notice was never received by them. 6. Though it has been shown by the said Company that it had shifted from the address given in the Consumer Complaint, the submission of the Learned Counsel for the Complainant is that a notice sent by him to the Company at the same address after decision of the Consumer Complaint, was duly received by them and the envelope in which the notice was sent has been filed by them before this Commission. The Learned Counsel for the Company, however, submits that while shifting from the address given in the Consumer Complaint they had instructed the postal department to deliver the mail received at the old address to their new address and the postal department did not deliver the notice of the Consumer Complaint to them at the new address though the notice sent by the Learned Counsel for the Complainant was delivered at the new address of the Company. 7. Considering all the facts and circumstances of the case, I am of the considered view that the Company, namely, M/s. Jain Irrigation Systems Ltd., should be given an opportunity to contest the Consumer Complaint on merits subject to payment of adequate costs of the Complainant. The impugned Order is, therefore, set aside and the Appellant in FA No.2408 of 2017, M/s. Jain Irrigation Systems Ltd. is permitted to file its Written Version to the Consumer Complaint within 30 days of receiving the paper book of the Consumer Complaint subject to payment of Rs.50,000/- as costs to the Complainant within two weeks. The parties shall appear before the State Commission on 16-04-2020. The paper book shall be supplied to the Learned Counsel for the Company within one week of receiving the costs. The Written Version can be filed within 30 days of the Company receiving the paper book of the Consumer Complaint. 8. The amount which the Company had deposited with the State Commission shall continue to remain deposited with the said Commission and final order with respect to disbursal of the said amount with accrued interest, if any, on the said amount, shall be passed by the State Commission while deciding the Consumer Complaint. 9. Both the First Appeals stand disposed of. | 
