Supreme Court of Russia considered the case of a deposit disappeared from Sberbank

Supreme Court of Russia considered the case of a deposit disappeared from Sberbank

Supreme Court of Russia considered the case of a deposit disappeared from Sberbank
On the eve of the New Year, the Supreme Court of Russia considered the case on the complaint of a plaintiff, the claims of which were rejected by the lower instances.  The woman insisted on paying her almost 3 million rubles, which she had deposited six years earlier.  The bank, in turn, assured that there was no money on the deposit, since the plaintiff canceled the operation on the day of its opening and took all the funds back.

The first-instance court,the position of which was supported by the higher-ranking colleagues, considered that the applicant had not proved the circumstances of the transfer of funds to the bank. The woman had only a certificate about the operation issued by the bank that day, reports ‘Pravo.ru’.

The bank, in turn, submitted a screenshot from the audit program to the court, from which it was clear that there were no discrepancies in transactions that day.

Due to this, the defendant continued to argue that the plaintiff had still withdrawn the money. At the same time, the credit institution could not submit paper documents indicating the closure of the deposit, citing a five-year storage period.

When the case was sent for consideration of the Supreme Court of Russia, the plaintiff's party referred to the fact that the applicant had only a certificate of the existence of valid accounts, as well as a certificate of the operation performed. Both documents were issued by the bank, and the woman had no idea that they had been issued incorrectly. Then the Supreme Court asked the bank if it had an expense cash order at its disposal, confirming the fact that the client had been given funds, but the document was not found.

In such circumstances, the Supreme Court cancelled the earlier decisions and sent the case for reconsideration to the court of first instance.


12.01.2022