JUDGMENT

Samiksha Bhattacharya, Member—The instant complaint has been directed by the complainants Sk. Asraf Ali and Sraboni Ali under Section 17 (1) (a) (i) of CP Act, 1986, against the OPs alleging deficiency in service.

2. The facts of the case in brief are that the OP No. 1 is the developer/promoter and he is carrying his business in the name and style ‘M/s. Jay Ma Construction’ and the OPs No. 2, 3, 4 are the land-owners. In the year 2010, the complainants entered into an agreement for sale dated 21.05.2010 with the OP No. 1 to purchase a flat on the ground floor measuring about 320 sq. ft. super built up area including proportionate share of land situated at S.P. Plot No. 43, Sahapr Colony, part of premises No. 23 A, Diamond harbor Road, P.S. New Alipore, Kolkata 700053, having its postal address 22/3, Sahapur Colony, Kolkata 700053, which was under construction. The consideration of the flat was fixed at Rs.5,50,000/- and out of which the complainants have already paid a sum of Rs.5,20,000/- to the OP No. 1. The complainants have paid Rs.1,00,000/- on 10.05.2010, Rs.1,00,000/- on 21.05.2010, Rs.50,000/- on 01.06.2010, Rs.50,000/- on 27.08.2010 Rs.50,000/- on 26.08.2011 and R