1. The instant Complaint under S.17 (inadvertently mentioned under S.12) of the Consumer Protection Act, 1986 (for brevity, the Act) is at the instance of an intending purchaser against the Developer / Builder (Opposite party No. 1) and the land owners (Opposite party Nos. 2 to 8) and the subsequent purchaser (OP No. 9) on the allegation on deficiency in service, primarily on the part of OP No. 1 / developer in a consumer dispute of housing construction.

2. Cut short of details, Complainant's case is that on 24.7.2011 he entered into an agreement with the OP No. 1 to purchase of a self - contained flat measuring about 900 sq. ft. super built up area on the top floor or premises No. 3, Doctor Lane, P.S. - Taltala, Kolkata - 700014 at a total consideration of Rs. 37,80,000. In terms of the said agreement, the complainant has paid a sum of Rs. 10,00,00 to OP No. 1 as part consideration amount. The complainant has stated that he could not make payment of second instalment in due time on account of his fund crunch. When the complainant narrated the same to OP No. 1. OP No. 1 disclosed that he sold out the subject flat to someone else and assured the complainant to sell the flat in the