Realizing that his savings could not be recovered, Mr. Jin felt that he should also go to the bank and talk some sense. Believing that the bank had failed in its supervision, the depositor accused the bank of breach of contract. Regarding Mr. Jin's demands, the bank expressed a different opinion. After encountering such a strange incident, although Mr. Jin had already reported it to the police, the suspects had not been caught yet.
Mr. Jin asked the bank for an explanation and learned through inquiry that someone withdrew his deposit from an ATM machine in Zhoukou on January 31 this year.
According to the news report, while his bank card was still with him, over 13,800 yuan in it disappeared. Now, just like in Zhao Benshan's skit, "there is only a little interest left in the card."
The court heard the case yesterday. At the trial scene, Mr. Jin and the bank were at odds with each other.
Mr. Jin was dumbfounded. Since the bank card was always with him, how could the money have disappeared?
Given the significant differences between both parties, the court did not announce the verdict immediately.
Clue provider: Ruo Yu, Jiang Hong, Qing Yuan
13,800 yuan disappeared
"I and my family definitely didn't go to Zhoukou during that time, so it must be that someone stole my money." Mr. Jin immediately reported the case to the police.
In order to recover the loss, on August 9 this year, Mr. Jin sued the bank at the Zhongyuan District Court, demanding that the bank fulfill its contractual obligations and pay his deposit and interest totaling more than 13,800 yuan (interest calculated from February 1 to July 10 this year), as well as bear the miswork fee of 3,761 yuan caused by the breach of contract.
At the trial scene, both sides presented their own arguments.
Bank card on person
"Using a bank card for transactions at an ATM cannot distinguish whether the cardholder is the depositor himself. Depositors can only withdraw or deposit money with the correct password. There is no fault in our procedure. This case has already been criminally investigated, and the court should suspend the proceedings and wait for the results of the criminal investigation."
"I deposited money in the bank, forming a contractual relationship between us. I have the right to freely deposit and withdraw money, and the bank should bear the responsibility for failing to pay out the deposit due to breach of contract."
Through reviewing the surveillance footage of January 31, the police discovered that a middle-aged woman withdrew Mr. Jin's deposit. The police launched an investigation for theft, but until now, there has been no progress in the case.
On October 1 last year, Mr. Jin, who is 49 years old this year, opened a basic deposit account and obtained a bank card at a bank in Zhengzhou. On that day, Mr. Jin deposited over 13,800 yuan in cash into the bank.
"On February 9 this year, when I went to the bank to withdraw money for my mortgage payment, something happened that I never expected in my dreams."
Since almost a year has passed, unable to catch the suspect, Mr. Jin's money could not be recovered, and his mortgage payment was affected as a result. After much thought, full of doubts and grievances, Mr. Jin believed that since he had deposited his money in the bank, the bank should bear the safety supervision obligation. Now that the money was stolen, the bank had an inescapable responsibility.
This year, on February 9, Mr. Jin went to the bank to withdraw money for his mortgage payment, but an unexpected event occurred.
Mr. Jin negotiated with the bank, hoping the bank would compensate for his loss. Unexpectedly, the bank's attitude was very firm. They claimed they had no fault and rejected Mr. Jin's compensation request.