A Kyiv resident lost 146,500 hryvnias, which Oschadbank refuses to return. What was the court's decision?

A total of 146,500 hryvnias was withdrawn from the woman's account. She requested Oschadbank to return the funds, but her request was denied. This is stated in the decision of the Pechersk District Court of Kyiv, published on December 25, 2024.

On November 2, 2022, the woman provided her payment card details, including the last four digits, to an unknown individual via phone communication. Subsequently, she discovered that a total of 146,500 hryvnias had been withdrawn from her account. On February 7, 2023, the citizen contacted Oschadbank to contest the transactions made on November 2, 2022, by unknown persons from her account. However, the bank refused to return the unjustly withdrawn funds, stating that the transactions were conducted correctly using the necessary payment card details, with the correct passwords known only to the client. A criminal investigation was registered on November 3, 2022, under part 2 of Article 190 (fraud) of the Criminal Code of Ukraine.

"The disputed transaction occurred after successful verification (linking) of the payment card to access the Oschad24/7 mobile application. On November 2, 2022, the verification of the plaintiff was carried out correctly using the input of data, including the password code, which was sent to the financial phone number of the client, which has remained unchanged. Without entering the code sent to the plaintiff's financial number, access to the 'Oschad24/7' system and conducting transactions for fund recalculation is not possible. Thus, the transactions on November 2, 2022, for withdrawing funds from the account were conducted in accordance with the terms of the agreement, based on the data entered personally by the plaintiff and using the 3DS password, which was sent after the input of the payment card data to the plaintiff's financial phone number; therefore, the bank is not liable for such actions of the individual," said Oschadbank.

What was the court's decision?

The court denied the woman's claim. There is a lack of proper and admissible evidence in the case materials to confirm the unlawful actions of JSC "Oschadbank," which resulted in the withdrawal of funds from her cards.

"The plaintiff's appeal to the bank was recorded on November 8, 2022, that is, after the disputed transactions on November 6, 2022, and the responsibility for conducting these disputed transactions lies with the plaintiff," the court emphasized.