M.THANIKACHALAM, J. - (1.) The opposite party having failed in their attempt, to resist the consumer complaint successfully, have come to this commission, as appellant.
(2.) The facts relating to the case in brief: The complainant?s mother had deposited a sum of Rs.3,23,287/-, with the opposite party bank on 11.3.2000, for a period of 3 years, and maturity value on 11.3.2003, was Rs.4,41,191/-. The depositor died on 6.7.2001, leaving a testate (will) dt.29.12.1993, under which the petitioner is entitled to the deposit. Based upon the will, when the amount was claimed, the opposite party failed to pay the amount, thereby caused deficiency and mental agony, for which the complainant is entitled to compensation of Rs.1 lakh, alongwith the deposit amount of Rs.4,41,191/-.
(3.) The opposite party admitting the deposit, resisted the case contending that the original FD was with the brother of the complainant, that his brother has stated the deposit was given for a trust, viz. for public activities, and that in view of the brother made a claim, raised dispute, the opposite party requested the complainant to get necessary order, from the court, entitling him alone to get the amount, which cannot be termed as deficiency, thereby praying for the dismissal of the complaint.;