The learned counsel for both the parties are present.

          The issue involved in the appeal is that the State Commission denied to take on record the evidence affidavit of the complainant. The learned counsel for the respondent submits that due to irregular behavior and non-diligent attitude of the complainant, the complainant was not allowed to file the evidence before the State Commission and the matter was proceeded for final arguments and if the evidence is to be allowed it should be allowed with heavy cost. It is transpired that without evidence of complainant the matter should not be adjudicated which will defeat the purpose of natural justice and this Act also. Therefore, the matter is remitted back to the State Commission subject to complainant depositing Rs.2,000/- in the Consumer Legal Aid A/c-NCDRC within four weeks.

          The parties to appear before the State Commission on 16-01-2018.

          The State Commission shall proceed with the matter after verifying that the cost has been deposited.

          Copy of this order be given dasti.