M.THANIKACHALAM, J. - (1.) The unsuccessful complainant is the appellant.
(2.) The facts leading to this appeal: The complainant?s father by name R.S.Shellappan, had an SB Account, in the 2nd opposite party bank in which he was having money transaction. He died inestate on 17.8.2003, leaving behind his wife Smt. Deivanai, son/ complainant and daughter by name Shenbagam, as his legal heirs, to succeed his estate. At the time of death, in his SB Account, he had a sum of Rs.1,07,853/-.
(3.) In the family arrangement, which took place during last week of August 2003, one of the legal heirs of Sellappan viz. Shenbagam, had received her proportionate share and in pursuance of the said family arrangement, the complainant is entitled to the entire SB Account. Agreeing for the withdrawal, she has given a request to the 2nd opposite party also. Based upon the family arrangement, when the complainant approached for the payment of the SB Account, the 2nd opposite party failed to pay the amount, despite expiry of 2 years, thereby the opposite parties have committed deficiency, as well as negligence, giving mental pain, suffering to the complainant, for which he is entitled to a additional sum of Rs.25000/-, in addition to the amount, standing in the name SB account. Hence the complaint.;