Tinkoff Bank is obliged to return to the client 1.28 million rubles debited from his account after a favorable currency exchange. The decision of the Dzerzhinsky District Court of Perm was told by the partner of the regional public organization for the protection of consumer rights “Initiative” Vasily Cherepanov in his Telegram channel.
“In addition to the return of the “illegally earned” amount, the decision implies compensation for non-pecuniary damage in the amount of 5 thousand rubles. and a fine of 323 thousand rubles, which will be collected to the treasury, ”specified the representative of the court (quoted from “RIA News”).
The bank argued during the trial that the employee had set the wrong exchange rate, resulting in a technical glitch. In turn, the plaintiff took advantage of the bank’s mistake and made 48 conversion operations from dollars to euros, then to pounds sterling and back. Later, representatives of Tinkoff Bank decided that this money could not be considered profit and deducted 1,289,994 rubles from the client. The plaintiff insisted that the bank “unreasonably enriched itself” by debiting the money because it had no legal grounds to do so. As a result, the Dzerzhinsky court took the side of the client, satisfying the claims.
The bank intends to challenge the decision of the court. According to its representatives, the court of first instance did not understand the nature of the transactions. “The client took advantage of a technical failure when setting exchange rates, abused his position and, as a result of dishonest actions, caused damage to the bank. In 52 minutes, the client made 48 consecutive conversion operations, making a profit from each iteration. This suggests that the client made transactions not for the purpose of converting currency for personal use, but for the purpose of making a profit and unjust enrichment, ”said representatives of Tinkoff Bank.
In February and March, during the sharp collapse of the Russian currency, a number of Tinkoff clients found a way to profitably change their currency to rubles using intermediate conversion into pounds and euros. In March, they faced cash write-offs – the bank considered their transactions to be unjust enrichment. Many of them filed lawsuits in court, wanting to challenge the bank’s actions. In May, the court also ruled to return the money written off by Tinkoff to the plaintiff.
Read more about how the bank’s customers were able to “get rich” in the material “Kommersant” “Tinkoff responded with write-offs.”