The Supreme Court of Russia decided to rehear the case of a Kazan resident who transferred 1 million rubles to a foreigner due to an error in his phone number and could not get the money back. writes about this RIA News Referring to the court decision.
The woman took out a loan to renovate her apartment and tried to transfer 1 million rubles to a worker through an ATM. He had to buy construction materials with this money. But she made a mistake when entering the debtor’s phone number and the entire amount went to a stranger’s card. The bank could not refund the transfer amount. They explained that it is technically impossible to change payment details or cancel the transaction once the money has been transferred to the recipient.
The defendant, who received the money, stated that he had lost the card that caused the dispute a long time ago. He learned about the payment at the bank where he went to unblock another bank card. The credit institution allegedly informed him that the fraudsters had deducted almost all of the money from his cards.
“The first instance court rejected the claim and claimed that there was no evidence that it was the plaintiff who deposited money into the ATM. As a matter of fact, the transaction statement of this ATM does not contain any information about the identity of the person who made the deposit.”
The Supreme Court did not support this argument. Referring only to this situation, the Supreme Court believes that the trial court did not make an appropriate assessment “in the totality and interrelation of the evidence.” For example, the court did not evaluate all banking transactions in the accounts of the borrower and the person who received the money for coincidence or inconsistency of transaction dates and amounts, taking into account the statements of the parties on this issue.
The Supreme Court sent the file to the first instance court for review. A woman demands that the man to whom she mistakenly transferred 1 million rubles return the entire money.
previous attempt carried out Imprisonment for residents of Chelyabinsk who pretended to be FSB officers.