MOSCOW, November 16. The Supreme Court decided to reconsider the case of a resident of Kazan, who, due to an error in her phone number, transferred a million rubles to a stranger and was unable to receive them back, this is stated in the ruling of the judicial panel in civil cases.
According to the case file, the woman took out a loan to renovate her apartment and tried to transfer a million rubles to a worker through an ATM to buy construction materials. However, she made a mistake when entering her phone number, and the money went to a complete stranger’s card. Sberbank was unable to return them. As the credit institution explained, after the funds are credited to the recipient, it is technically impossible to change any payment details or cancel the operation.
The defendant who received the money stated that he had lost the disputed bank card a long time ago, and found out about the payment at the bank where he came to unblock his other card. At the same time, the bank informed him that the fraudsters had withdrawn almost all the money from all his cards, the defendant claimed.
As a result, the court rejected the claim: there was no evidence that it was the plaintiff who put the money into the ATM. The Supreme Court did not agree with this approach.
«Indeed, the statement of transactions of this ATM does not contain an indication of the person who carried out the cash deposit operations. Meanwhile, referring only In response to this circumstance, the court of first instance <…> did not evaluate the evidence in its totality and interrelation. In particular, the court did not evaluate all banking transactions on the accounts of the plaintiff and defendant for the coincidence or discrepancy of the dates and amounts of transactions, taking into account the explanations parties regarding these operations,” the panel’s ruling says.
The case is sent for review to the court of first instance. A woman demands that the person to whom she accidentally transferred a million return the entire amount.