PrivatBank failed to provide a client with a statement showing the disappearance of 41,576 UAH. What was the court's ruling on this matter?

A man requested PrivatBank to provide a statement for his account, as all funds amounting to 41,576 hryvnias had disappeared. However, the financial institution refused the client. This was stated in the decision of the Pechersk District Court of Kyiv, published on October 15, 2024.

On April 22, 2022, the man made an oral request to the PrivatBank employees for a statement regarding his account, but he was denied. On July 8, 2022, he submitted a written complaint to the respondent, informing them that all funds had vanished from his account and demanding to be notified that as of April 28, 2022, there were funds on his account. In response, the financial institution did not provide any information regarding the presence of funds in the account.

Case Review

The court established that the man is a client of the joint-stock company commercial bank "PrivatBank." According to a copy of the decision from the Pechersk District Court of Kyiv dated April 8, 2024, in case No. 757/8964/24-c, included in the materials, it was found that on January 5, 2017, he entered into a contract with JSC "CB PrivatBank" for a "Deposit Plus" term deposit for 12 months with the right to replenish and with monthly interest payments on the deposit at a rate of 18% per annum. Furthermore, according to the terms of the supplementary agreement to the contract, certain amounts of accrued interest on the deposit at a rate of 2% per annum were credited monthly to a separate bonus bank account "Bonus Plus." The citizen indicated that in April 2022, there were 41,576 hryvnias in the bonus account; however, he provided no evidence to support this claim. After April 30, 2022, all funds from the bonus account totaling 41,576 hryvnias disappeared under unknown circumstances.

What Did the Court Decide?

The man's claim was granted. The court recognized the client's right to receive written information from the joint-stock company commercial bank "PrivatBank" regarding the status of funds in his account as of April 28, 2022.

"The client has the right to receive statements about the status of the current account and transactions conducted on the current account. The bank is obligated to consider the client's requests (notifications) regarding the use of payment instruments, erroneous, improper, unaccepted payment transactions initiated using such payment instruments, to provide the client with the opportunity to receive information on the progress of the consideration of the request (notification), and to inform in writing about the results of the consideration of the request (notification) within the time frame established by law for handling appeals (complaints) from citizens. The timeframe for addressing appeals from citizens is regulated by the Law on "Appeals from Citizens" and shall not exceed one month from the date of receipt by the bank. If it is not possible to resolve the issues raised in the appeal within a month, a necessary period for its consideration is established, which the person who submitted the appeal is notified about. At the same time, the total time for resolving the issues raised in the appeal may not exceed 45 days. Given the above, the court concludes that the plaintiff, as a bank client, account holder, and service consumer, has the right to receive information regarding the status of the account," emphasized the court.