The money in the bank card, how did it disappear?

2022-05-17 0 By

Bank card is in his hand obviously, remaining sum disappears however, should this kind of circumstance bank bear responsibility?Ma ‘anshan Huashan Court ci High court recently closed a deposit contract dispute case.In 2020, the plaintiff Qin obtained a debit card from a commercial bank of the defendant, and voluntarily applied for opening online banking, mobile banking and other businesses. The security tools are SMS and password verification, and are used to receive the defendant’s SMS password binding.In late October 2021, the plaintiff found a substantial decrease in the deposit when using the account, so he went to the defendant’s office to print the account details, and found that a number of deposits were transferred to others during September and October 2021, with a total amount of 92,195 YUAN.The plaintiff believed that the money involved in the case was not operated by himself, and the defendant did not fulfill strict security obligations in the relevant transactions. Therefore, the plaintiff sued the court to require the defendant to assume responsibility for the deposit losses incurred by the theft of his debit card.The defendant argues that when the defendant applies for opening online banking and mobile banking, he has clearly informed the plaintiff that any transaction method using password is deemed to be done by the defendant himself, and the electronic information records generated by all kinds of transactions based on password and other electronic information shall be regarded as the effective proof of the transaction.In addition, the plaintiff argued by transfer payments are an inter-bank transfer through mobile phone bank, the defendant is every transfer instructions are reserved phone number sent SMS password on the plaintiff, and emphasized fight fraud, suggesting that the defendant has done a reasonable prudent obligation, therefore, should not be liable to the plaintiff debit card stolen brush loss of deposit.The court held that the bank has the obligation to guarantee the safety of depositors’ deposits, the transaction system provided by the bank should have security conditions, the debit card issued by the bank should be identifiable and unique, and the debit card provided to the cardholder should be the only voucher for the cardholder to withdraw money or consume from the bank.The bank trades the behavior to using debit card, have authentication password is correct and authentication debit card true false responsibility.According to the Provisions of The Supreme People’s Court on several Issues concerning the Trial of Bank Card Civil Dispute Cases, Article 7, Clause 1, “In case of fraudulent card swiping transaction or network swiping transaction, the debit card holder requests the issuing bank to pay the principal and interest of the swiped deposit and compensate for the loss based on the legal relationship of the debit card contract,The people’s court shall support it according to law “and paragraph 3” The cardholder is at fault for failing to properly keep the identity information and transaction verification information such as bank card, password and verification code, and the people’s court shall support it if the card issuing bank claims that the cardholder should bear the corresponding responsibility “.Only when the issuing bank can provide evidence to prove that the cardholder violates the obligation of keeping information properly, it can be exempted from the corresponding liability for the loss of stolen deposits.In this case, the defendant should have been under a stricter obligation to protect the funds in the customer’s card, rather than a reasonable obligation, when introducing online banking services to the customer.Although the defendant on related transactions occurred in the process of fulfilling the hint of obligation, but not sufficient evidence to prove its legal obligation to adequate security, also did not provide evidence to prove that the plaintiff intentionally or negligently causes bank card information, password and verification code to reveal such as violation of the obligation to keep information, so the final judgment the defendant to the plaintiff to pay principal and interest of deposits of card stolen brush.The judge prompt according to the provisions of the Supreme People’s Court on the trial of bank card civil dispute cases several problems “article 7 provisions, debit card stolen brush bank to compensate for losses, credit card stolen brush can not repay, but the bank also exists disclaimer, liability reduction situation,That is, the cardholder is at fault for failing to properly keep the identification information such as bank card, password, verification code and transaction verification information.The bank card holder should pay attention to the protection of the bank card password at ordinary times. If the bank card is stolen, it should report to the police in time and leave the evidence that the stolen brush transaction is not my operation as far as possible, so as to claim compensation to the bank.At the same time, it also reminds commercial banks that they have the obligation to protect the safety of depositors’ deposits. In the case of stolen magnetic strip cards, they should take active measures to remind customers to replace them with chip cards, and constantly improve anti-counterfeiting and authenticity screening technology.Disclaimer: This article is reproduced for the purpose of conveying more information.If the source is wrong or violated your legitimate rights and interests, please contact the author with proof of ownership, we will promptly correct, delete, thank you.Email address: newmedia@xxcb.cn