MRS. SAMIKSHA BHATTACHARYA, MEMBER

 This is an application filed by the Complainant u/s 17 (1)(a)(i) of C.P. Act, alleging deficiency in service against the OPs.

  Brief facts of the case are:

The Complainant and his wife Jonaki Dhor Chowdhury ( who is ProformaOP/ OP No.3) had entered into an addendum to promissory Note / MOU dated 01.01.2006 which was duly signed and executed by the parties i.e., with OP  ( Dr. Ajoy Kumar Das/OP NO-1) ) and added OP Mrs. Sanjna Das ( Added OP/ OP No. 2 ) and Mrs. Jonaki Dhor  Chowdhury ( Proforma OP/ OP No. 3). On 21.01.2006 at Chicago Illinois , USA with a view to purchase 50% share of the property from OP No. 1. i.e., of two flats being No. 154 and 155 measuring about 819.50 sqft less or more out of 100 % undivided covered area measuring about 1639 sqft. lying on ground floor in block No. A/6 at Podder Vihar along with 50% undivided car parking space measuring about 40 sqft more or less out of total 100% covered area of 80 sqft lying in phase 1 known as garage being No. 10 lying in the said complex known as Podder Vihar. Both the flats and the car parking space are lying and situated within the Bidhan Nagar Corporation, Ward No. 7, premises No. 137 , Nazrun Islam Sarani P.S. Rajarhat know Baguiati , Dist. 24 Parganas North Kolkata – 700 052. On the next date after signing the addendum of promissory Note one second Addendum of Promissory Note had been duly executed on 22.01.2006 at Chicago and by that second addendum of promissory note time has been extended to 50 months period instead of 48 months. It has been settled between the parties that Complainant shall pay total consideration of 68,000/-  US dollar to OP  No. 1 Sri Dr. Ajoy kr. Das for the above mentioned two flats and garage . After paying the first installment by the Complainant, OP No.1 handed over the keys to the Complainant together with possession of the flats and car parking space to the Complainant. Mrs. Sanjna Das , OP No. 2,  wife of OP No. 1 was the co- owner of the joint undivided 50% share of of the aforesaid flats along with 50% undivided co sharer of the car parking space. Complainant paid total consideration amount of 68,000 US dollar ( Indian currency value INR 28,00000/-) to OP No.1 by way of 48 installments starting from 01.01.2006 and ending on 05.11.2010. It has been mentioned in the complaint petition that without executing and registering the deed of conveyance OP No. 1 and his wife  i.e. OPs  No. 1&2 jointly executed a general power of attorney in favour of the nominated person Mr. Shobhan Roy Chowdhury on 11.02.2011. Again OP No. 1 and his wife jointly executed another GPA on 26.05.2011 in favour of same person by delegating full power to do all acts  and deeds on their behalf as regard to scheduled property. Again on 18.011.13 Complainant and OP  No. 1entered into a sale agreement and OP No