M.K. Basu, President — The Comp-lainant is present through Mr. K.P. Ghosh, the Ld. President of the Howrah District Consumer Protection Society, and the O.Ps are present through their Ld. Advocate Mr. A.K. Sil. The Complaint is taken up for hearing of a preliminary point as to whether this case can be

heard during the pendency of the criminal case being Chandannagore P.S. Case No. 32(3) of 2001 pending before the S.D.J.M. Chandannagore over the self-same incident.

2. It is the contention of Mr. Sil that this case cannot be heard until the said criminal case is finally disposed of. In support of his contention he relies

upon a host of decisions which are as follows :

(1) C.P.J. 2000 (Volume 3) 206 wherein it has been held by this State Commission (Samar Nath Mukherjee v.

Dr. Saroj Ghosh & Others1 ) where a crimi-nal case awaits decision with regard to the same subject matter involving identical issues as in the case before the Consumer Forum or Commission for that matter it would not be appropriate for the Commission or the Forum to conduct a concurrent adjudication of those issues covering the subject matter in the case before the Commission or Forum.

(2) 1991 C.P.J. (volume 2) 2