We know everything about bankruptcy
19/05/2024
Sunday
19 May 
1970 The city of Novgorod was renamed Veliky (Great) Novgorod.
1970 White women received the voting rights in South Africa.
1970 England was proclaimed a republic.
THE SUPREME COURT RECOVERED DAMAGES FROM THE BANK FOR AN ERRONEOUS PAYMENT
The essence of the matter was that a citizen had signed a contract with an organization with the condition of non-cash payment. When making a payment, a citizen sent a payment order to the bank, where he indicated the details of the recipient, but the bank made a mistake by transferring funds to an organization with the same name without checking the TIN.
Subsequently, a criminal case was initiated on the fact of fraud, as the recipients of the payment refused to return the money and, having cashed out the amount of 2.1 million rubles, disappeared.
After unsuccessful attempts by law enforcement officers to find fraudsters, a citizen appealed to the court with a civil lawsuit against the bank, where he demanded to recover losses for the mistake made by the fault of the employees of the credit institution.
Following the results of the dispute, the courts of three instances supported the plaintiff's position.
The Supreme Court of the Russian Federation, leaving the acts unchanged, drew attention to the fact that despite the actions of the bank in accordance with the instructions, bringing it to responsibility in the form of losses is legitimate, since the funds had to be transferred in exact accordance with the details of the payment order, which includes the TIN.
This position is a precedent, since the previous practice was uniform in the matter that the bank's responsibilities do not include checking the TIN of the payee, and, accordingly, the recovery of losses is unlawful.
Thus, the Supreme Court has protected consumers who are not persons who are aware of the specifics of the banks' operations and need additional guarantees of their rights in the event of a bank error in the details of the recipient of the transfer.
