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July 25, 2014

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Man wins mystery account theft claim

A MAN who had more than 100,000 yuan (US$16,142) taken from his bank account has won a claim against the Industrial and Commercial Bank of China (ICBC), the Jing’an District People’s Court said yesterday.

The customer in his 40s, surnamed Shen, discovered 103,800 yuan missing from his account on January 28 last year when his wife checked the balance at an ICBC outlet.

They reported this to police and noted that the money had been transferred in Guangdong Province six days earlier.

When ICBC refused to refund the money, Shen brought a lawsuit.

He told the court that he didn’t know who took his money and that his neighbors could confirm that he and his wife were in Shanghai when the transfer occurred.

He argued that it was the bank’s carelessness regarding supervision that resulted in his money being stolen.

ICBC said when Shen applied for the debit card, he signed an agreement promising to take care of it.

Therefore, Shen should bear responsibility for the loss which was caused by him disclosing private information, the bank said.

It also added in court that no evidence showed the withdrawal of Shen’s money was caused by a cloned card.

The court said Shen neither left Shanghai nor gave his bank card to anyone before the withdrawal occurred in Guangdong Province.

It ruled that ICBC should be blamed for the loss due to a vulnerability in its system and upheld Shen’s claim.




 

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