The client seeks to collect a penalty of 4,478,353 UAH from PrivatBank – this is the court's decision.

A man accuses PrivatBank of failing to fulfill its obligations on time. He demands compensation from the bank for late payment in the amount of 4,478,353 hryvnias for the period from February 18, 2020, to February 18, 2021. This is stated in the decision of the Pechersk District Court of Kyiv, published on December 19, 2024.

On September 1, 2011, the man and PJSC CB "PrivatBank" entered into a contract (Standard deposit with monthly payments), under which he transferred, and the bank accepted the funds amounting to $45,222 for a term of 3 months until December 1, 2011, with automatic renewal, at an interest rate of 7% per annum. The decision of the Kyiv Court of Appeal dated July 13, 2016, in case No. 753/6422/15-ц, annulled the decision of the first instance court, and the claim was satisfied. The amount of the deposit under the contract dated September 1, 2011, the Standard deposit with monthly payments, was recovered from PJSC CB "PrivatBank" in his favor, totaling $45,222, equivalent to 974,543 hryvnias, as well as the amount of the debt for 3 interest payments over 42 months amounting to $11,079, equivalent to 238,756 hryvnias; 3% per annum for the period from September 15, 2014, to March 13, 2015, in the amount of 17,445 hryvnias. However, the bank only complied with the decision of the Kyiv Court of Appeal dated July 13, 2016, in case No. 753/6422/15-ц on February 19, 2021, transferring 1,577,357 hryvnias to the account, as confirmed by the certificate of the public joint-stock company commercial bank "PrivatBank" dated March 24, 2021. Therefore, the citizen requests the recovery of late payment penalties from PJSC CB "PrivatBank" in his favor for the delay in fulfilling the obligation according to part 5 of Article 10 of the Law of Ukraine "On Consumer Protection" for the period from February 18, 2020, to February 18, 2021, in the amount of 4,478,353 hryvnias.

"The plaintiff has incorrectly established the period for calculating the penalty since funds were debited from the bank account in execution of enforcement proceedings No. 51787374 on February 5, 2021, as confirmed by the account statement dated July 14, 2021. The untimely transfer of funds by the enforcement service from the relevant account is the responsibility of the State Enforcement Service, not the bank. The decision of the Kyiv Court of Appeal dated July 13, 2016, in case No. 753/6422/15-ц, ordered the recovery of funds under the contract dated September 1, 2011, in favor of the plaintiff. The aforementioned court decision established that on September 4, 2014, he submitted a written request to the bank for the return of the deposit and accrued interest, and on September 11, 2014, the bank received such a request, after which, considering the demand for the return of funds, the contract was terminated two banking days after receiving the depositor's request, which also corresponds to part 3 of Article 651 of the Civil Code of Ukraine. According to paragraph 7 of the contract, the parties have the right to terminate this contract early in accordance with current legislation, notifying the other party two banking days before the termination date. Therefore, we consider the recovery of penalties for the period from February 18, 2020, to February 18, 2021, beyond the scope of the disputed contract as unlawful since the contract was terminated on September 14, 2014," - stated PrivatBank.

What did the court decide?

The man was denied satisfaction of the claim. Following the judicial decision of the Zaporizhzhia Regional Court of Appeal dated June 5, 2018, which recovered the deposit from PJSC CB "PrivatBank" in his favor, the contractual relationship between the parties ceased.

"Considering the court's decision in case No. 753/6422/15-ц regarding the claim against PJSC CB "PrivatBank" for the recovery of deposit funds and interest, which entered into legal force on July 13, 2016, penalties in accordance with part five of Article 10 of the Law of Ukraine "On Consumer Protection" are not accrued starting from July 13, 2016," - emphasized the court.