SRI SWADES RANJAM RAY, PRESIDENT,

The case has been filed by the complainant against the OPs.  HDFC Bank and its  officers.

The case of the complainant is that on 11.08.2008 the complainant made a fixed Deposit of Rs. 10,000/- in the name of his minor son Debjit Patra being certificate No. 04514830001032 and this certificate was scheduled to be matured on 11.08.2016 and the amount of maturity is Rs. 21,193/- which has been mentioned in the said certificate. This deposit is known as “  KIDS ADVENTAGE ACCOIUNT’.  This certificate has got matured on 11.08.2016  but the same has not been transferred in the account of the minor son of the complainant. The complainant made several correspondences with the bank but till now the bank did not transfer the matured amount in the Account of his minor son nor the bank has given any satisfactory answer for not  transferring the amount. The bank authority also misbehaved with the complainant when he had been to the bank for redress.

Hence, this case with the prayer as made in the complainant.

All the OPs contested the complaint and filed a  joint written version. They denied all the material allegations and claimed dismissal of the complaint.

The defense of this OPs is that the Savings Account No. 04511460000912 was opened  on 13.08.2008 in the  name of Debjit Patra, a minor and as there was no customer initiated transaction in the said Account for more than two years, the same has been marked as Dormant. It is submitted that FD of Rs 10000/- linked with the said SB Account   was booked on 13.08.2008 for a period of 8 years inter alia with maturity instructions to auto renew the same for the period of next 8 years. The FD is linked with the minor customer ID and since minor’s SB Account No. 04511460000912 is in Dormant status as submitted herein above, the bank is unable to break the FD until  and unless the account holder complete the formalities required for activation of dormant account by filing the KYC. On the said   grounds the OPs have prayed for dismissals of the case being not maintainable.

The points need be considered here is (1) whether the case is maintainable and (2) whether the complainant is entitled to get the reliefs as prayed for.

                                                  DECISION WITH REASONS.

Both the points are taken up together for discussion for the sake of convenience and brevity.

Perused the complaint and the documents filed by the complainant in support of his case. Seen the questionnaires and reply thereto filed by both the parties, the documents and heard the submission of the ld. Advocates for the parties. Considered.

I  have very carefully perused the Fixed Deposit certificate and other relevant documents filed by the complainant as well as by the Ops in support of their respective case.

Ld. advocate appearing for the  complainant submitted before this Forum  that the father of the minor Sri Debjit Patra is an Army men and posted in different parts of India and  after the maturity of the deposit he several times visited the bank and also made several correspondence but the bank authority refused to give the maturity value of the Fixed Deposit.  In reply, the Ld. Advocate for the Ops bank, averred that there is no reason for not transferring the matured amount in the Account of the minor but the complainant was advised to take steps   to regularize the dormant account of the minor and make it functional. For this reason as per bank norms the complainant had to file a KYC as per bank requirement.  Due to such dormancy of the account the bank cannot transfer the matured value in the dormant Account  of the father jointly with  his minor son. 

Considering the above discussion and the argument of the ld advocates for the parties I    am of the view that the case may be allowed on contest as the bank has agreed to transfer the amount when the SB Account of the minor  will be functional  on filing a KYC by the complainant.   

Both the points are answered accordingly.   

             Hence, it is

O R D E R E D

That CC No. 360 of 2018 be and the same is allowed on contest  against the OPs  but in part.

The Ops, theHDFC Bank Ltd. Is directed to transfer the maturedamount of Rs. 21,193/- in the SB Account No. 04511460000912 in the name of the complainantand his son Debit Patra within one month from the date of this order along with regular bank intereston thematured amount after the date of maturity, provided, thecomplainantregularize the said SB Account by filing a KYC in favor of the concernedbank within the said period.

Considering the nature of the case, there will be no order of compensation or litigation cost in this case.

Let copy of this judgment be supplied to the parties free of cost.