A client of Oschadbank lost a salary deposit of 30,200 UAH from their card—what was the court's decision?

A man's salary was credited to his Oschadbank card. When he attempted to withdraw cash from an ATM, he discovered insufficient funds in his account. It turned out that an amount of 30,200 hryvnias had been deducted from his account. This was reported in the decision of the Bakhmach District Court of the Chernihiv region, published on January 24, 2025.

On October 27, 2023, the man's salary was credited to his bank card. Later, while trying to withdraw cash, the ATM displayed a message indicating insufficient funds in the account. After calling the Oschadbank hotline, he was informed about the withdrawal of funds from his account, prompting him to contact law enforcement regarding the crime. To resolve the dispute pre-trial, he sent a request to the bank - a claim for a refund of the funds that were transferred without his authorization, but it was denied. He experienced significant stress, which affected his physical, mental, and emotional health, forcing him to take additional measures to organize his life. Given these circumstances, the client requested the recovery of the unjustifiably deducted funds from his card account; the amount of the commission charged by the bank for the unauthorized transfer of funds; a penalty; and moral damages estimated at 20,000 hryvnias.

"The bank has fully fulfilled its obligations under the comprehensive banking services agreement. Transactions utilizing the internet resource were conducted correctly using all necessary details of the payment card, indicating that the bank is not at fault for executing the client's order to transfer funds from his accounts. The initiation of transfers from the plaintiff's cards was carried out through electronic identification of the electronic payment means and the client," stated Oschadbank.

Case Review

Statements from the card account of the branch – Chernihiv Regional Administration of JSC “Oschadbank” and a statement from the automated system of JSC “Oschadbank” confirm that on October 27, 2023, successful operations were conducted to transfer funds from the man's account to a card of another bank in the total amount of 30,200 hryvnias, with a commission of 312 hryvnias for the transfer. According to statements from the automated system of JSC “Oschadbank,” on October 26, 2023, the card was verified in the new version of the mobile application.

According to the extract from the Unified Register of Pre-Trial Investigations, on October 27, 2023, a criminal proceeding was initiated based on signs of a criminal offense under part 4 of article 185 of the Criminal Code of Ukraine, indicating that on October 27, 2023, a report was received from the man stating that an unidentified person, using information and communication systems, committed theft of funds in the amount of 30,610 hryvnias from the Oschadbank card around 10 a.m. on October 27, 2023, transferring it in two transactions to a card of another bank, causing material damage in the specified amount.

What was the court's decision?

The court partially granted the man's claim. From the joint-stock company “State Savings Bank of Ukraine,” he is to recover 30,200 hryvnias of unjustifiably deducted funds from his card account and 312 hryvnias – the commission amount withheld by the bank for the unauthorized transfer of funds, as well as 6,282 hryvnias, of which: 1,282 hryvnias for penalty compensation and 5,000 hryvnias for damage compensation.

"Considering the above, the court concludes that the funds from the plaintiff's account were deducted at the initiative of other parties as a result of unauthorized payment transactions, and the defendant did not take any actions aimed at establishing the actual circumstances of the deduction of funds from the plaintiff's card accounts. Therefore, the claim for the recovery from the defendant in favor of the plaintiff of his personal funds and the commission amount for their transfer of 30,512 hryvnias is justified and should be satisfied. According to the calculation provided by the plaintiff, which was not refuted by the defendant, the penalty amount to be recovered due to the defendant's violation of the contract terms (clause 3.9 - 0.1%) is 1,281 hryvnias for the period from October 27, 2023, to December 4, 2023," the court emphasized.