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November 4, 2015

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Bank ordered to reimburse customer

A SHANGHAI man has won his lawsuit against a local bank after more than 16,000 yuan (US$2,500) was stolen from his account via unauthorized transfers.

The Jiading District People’s Court said yesterday that the bank failed in its duty to protect its customer and should therefore compensate him.

The plaintiff, identified by his surname Zhang, contacted the lender, which was not named, in January after noticing that several withdrawals — totaling 16,200 yuan — had been made from his account, which was linked to a telephone banking service.

Following an investigation it was determined that a person using a phone registered in Nanning, capital of south China’s Guangxi Zhuang Autonomous Region, had contacted the bank and asked for the money to be transferred out of Zhang’s account.

The stolen money was used to top up a mobile phone balance, the court heard.

In its defense, the bank said it had no way of knowing that the person making the call was not Zhang, and that it acted in good faith by allowing the transactions to go through. The court, however, ruled that the account was tied to a single phone — Zhang’s — and that the bank should have refused the requests for transfers made via the Nanning number.

It concluded that the bank had failed in its duty to protect Zhang’s interests and ordered it to repay the missing money.




 

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