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June 14, 2011

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Bank pays for girls having to quit school

A LOCAL bank has been ordered to pay 30,000 yuan (US$4,622) in compensation, after two Chinese students in Japan had to quit school because of delays receiving their fees.

After an appeal trial, the Shanghai No. 1 Intermediate People's Court ruled that the bank should have clarified how long the payment would take to reach Japan.

In the first-instance verdict, a district court had ruled the bank was not responsible, saying the delay was caused by the Spring Festival holiday.

A couple whose daughter and niece are studying at a school in Tokyo brought the action.

The Japanese school told the family to pay tuition fees before January 30, 2009, or the girls would have to leave.

On January 23, 2009, the husband, surnamed Shi, went to a Bank of China branch on Lingling Road in Xuhui District to pay 1.83 million yen (US$22,813) to his daughter's account in Japan.

The bank clerks told him the money wouldn't arrive in the girl's account before the Spring Festival, which fell on January 26 that year. Shi said this was fine, as Japan didn't have a week-long Spring Festival holiday.

However, the Tokyo branch of the Bank of China remained closed and the money didn't reach the account until February 4, by which time the girls had been dismissed.

"If the bank clerks had warned me clearly that the remittance would be delayed because its branch in Japan was also closed for the holiday, I would have chosen another way to transfer the money," Shi said.

The couple had to pay for the girls to apply to the school again, and sued the bank for 358,000 yuan.

The appeal court ruled the clerks didn't clarify the remittance procedures, but also said Shi should have paid in the cash earlier.


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