A Kyiv resident asks PrivatBank to return mistakenly transferred funds totaling 25,725 hryvnias – here's the court's decision.

A man made a payment of 25,725 hryvnias. Subsequently, he learned that the funds did not reach the company, and he is therefore demanding the recovery of the specified amount from PrivatBank. This is stated in the decision of the Pechersk District Court of Kyiv, published on November 28, 2024.

On November 16, 2021, the man made a payment of 25,725 hryvnias according to invoice No. 1454 dated November 3, 2021, from JSC "Chernivtsioblenergo" for the standard connection to the electricity grid of a residential building. When he contacted JSC "Chernivtsioblenergo" in 2023, he found out that the funds had not been received by the company. The citizen, citing an error by the employees of JSC CB "PrivatBank", requests the recovery of the mistakenly transferred funds.

"The legal entity that responded to the plaintiff differs from the one indicated in the invoice. Additionally, the plaintiff did not follow the procedure for withdrawing funds," — stated PrivatBank.

Case Review

The court found that according to the receipt dated November 16, 2021, a transfer of 25,725 hryvnias was made to the account of JSC Chernivtsioblenergo 12 Chernivtsi RES (recipient bank - AB "Ukrgasbank"). According to the account statement for the period of November 16, 2021, the court established that a payment of 25,982 hryvnias was made (including a commission fee of 257 hryvnias), with the recipient being JSC Chernivtsioblenergo 12 Chernivtsi RES, and subsequently, the funds were returned due to a rejected payment on November 16, 2021, in the amount of 25,982 hryvnias to JSC Chernivtsioblenergo 12 Chernivtsi RES.

What did the court decide?

The court denied the man’s request for relief. The funds he transferred were returned due to insufficient payment.

"The receipt contains information about the individual who made the transfer, whom the transfer was made to, the purpose of the transfer, account/card numbers, and other details that provide grounds to believe that the plaintiff intentionally transferred the funds specifically to the defendant. The plaintiff's arguments regarding the unfounded acquisition of funds by the defendant are rejected by the court, as the fact of the defendant's acquisition of the disputed funds was not properly proven, given that the court established that the funds transferred by the plaintiff were returned due to insufficient payment. Analyzing the evidence collected in the case in light of the provided legal norms, the court concludes that there are no legal grounds to satisfy the claim for the recovery of mistakenly credited funds," — emphasized the court.

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