A PrivatBank client demands $499 for delayed deposit return—what was the court's decision?

A man is accusing PrivatBank of a delay in returning a deposit of $16,207. He is demanding $499 from the financial institution. This is stated in the decision of the Bila Tserkva District Court of Kyiv Oblast, published on February 10, 2025.

On December 6, 2013, a deposit agreement was concluded between the man and PJSC CB "PrivatBank", under which he placed a deposit of $16,207 for a term of 366 days at an annual interest rate of 10%. Based on paragraph 3 of this agreement, the aforementioned deposit agreement was extended multiple times. The contract was extended until December 6, 2020. At the same time, he found it necessary to terminate this agreement prematurely. Given this, and guided by paragraph 5 of the agreement dated December 6, 2013, on December 26, 2019, a statement was sent to PJSC CB "PrivatBank" notifying them of the early termination of the deposit agreement. In a letter dated January 8, 2020, PJSC CB "PrivatBank" refused to return his deposit.

On February 25, 2020, the man filed a lawsuit against PJSC CB "PrivatBank" in the Bila Tserkva District Court for consumer rights protection and the return of the deposit, interest, and other accrued amounts under the agreement dated December 6, 2013. By the decision of the Bila Tserkva District Court dated January 26, 2022, in case No. 357/2296/20, which came into force on August 4, 2022, and was upheld by the Supreme Court's ruling on August 2, 2023, PJSC CB "PrivatBank" was ordered to pay the plaintiff the deposit amount of $16,207 under the deposit agreement dated December 6, 2013, as well as the accrued interest of $9,879, totaling $26,086. The deposit agreement from December 6, 2013, was terminated as of January 13, 2020, as established in the decision of the Bila Tserkva District Court dated January 26, 2022, in case No. 357/2296/20. On November 19, 2024, PJSC CB "PrivatBank" voluntarily complied with the decision of the Bila Tserkva District Court dated January 26, 2022, in case No. 357/2296/20. Within the framework of civil case No. 357/7395/20, PJSC CB "PrivatBank" was ordered to pay 3% annual interest for the delay from January 13, 2020, to February 23, 2022, in civil case No. 357/7048/22 from February 24, 2022, to September 16, 2022, and in civil case No. 357/11484/23, PJSC CB "PrivatBank" was ordered to pay 3% annual interest for the delay from September 17, 2022, to March 31, 2024. Consequently, since the bank failed to fulfill its primary monetary obligation to return the debt under the deposit agreement and the accrued interest in a timely manner, the man obtained the right to claim 3% annual interest from the bank for the period from April 1, 2024, to November 19, 2024. Thus, the amount of 3% annual interest on the deposit of $16,207 for the period from April 1, 2024, to November 19, 2024, amounts to $310, while the amount of 3% annual interest on the accrued interest of $9,879 amounts to $189. In this regard, the citizen requested the court to recover from the joint-stock company commercial bank "PrivatBank" the amount of $310 as 3% annual interest for the delay in returning the deposit of $16,207 under the agreement dated December 6, 2013, for the period from April 1, 2022; and $189 as 3% annual interest for the delay in returning the accrued interest of $9,879 under the agreement dated December 6, 2013, for the period from April 1, 2024, to November 19, 2024.

"Since PJSC CB 'PrivatBank' is not a debtor under the deposit agreement, which is the subject of the dispute, there are no grounds for claiming 3% annual interest accrued by the plaintiff from the bank," said PrivatBank.

What did the court decide?

The court denied the man's claim. There are no grounds for recovering 3% annual interest from the bank in his favor, accrued on the deposit amount and interest for the period of non-fulfillment of the decision from April 1, 2024, to November 19, 2024, that is, during the period of martial law.

"Having established that PJSC CB 'PrivatBank' fulfilled the court's decision only on November 19, 2024, the court concluded that the plaintiff has the right to claim in accordance with Article 625 of the Civil Code of Ukraine three percent annual interest due to the delay in fulfilling the monetary obligation arising from the court's decision. However, there are no legal grounds for claiming 3% annual interest from the defendant in favor of the plaintiff on the deposit amount and interest for the period of non-fulfillment of the decision from April 1, 2024, to November 19, 2024," the court emphasized.