The loss of 26.5 billion VND in the account: the victim was "empty-handed", the bank was out of responsibility

Through many phone calls, Ms. Tran Thi Chuc has flown more than 26.5 billion VND accumulated in the account. After going to court and blaming the bank for professional errors, this woman received a bitter conclusion that she was completely "empty-handed"

Specifically, according to Ms. Tran Thi Chuc's complaint to the Police Investigation Agency of Bac Ninh Provincial Police, she pointed to a man named To Ngoc Dau who introduced himself to work at the Da Nang Road Traffic Management Department, and another person named Hai who claimed to be an officer at the Police Department for Criminal Investigation of Mai Thuy. She said that through phone calls, she was lured by these people to lose 26.5 billion VND.

The incident has occurred for more than a year, the victim who lost the amount of 26 billion 560 million VND still knocked on the door of the authorities and banks to find a solution but has not received any positive results. They announced that she participated in traffic causing an accident in Da Nang city and was involved in a bad line.

The person named Hai asked Ms. Chuc to open two bank accounts, install security software on her phone, and continued to ask her to transfer 26.5 billion VND to two bank accounts to prove that her money source was clean and not related to the evil line.

Believing the word, Ms. Chuc followed the instructions, installed the software (can read, send, process messages; read, create a new call history, access the location of the device...) and then went to the bank to open an account, transfer the information. Ms. Chuc went to Vietcombank Kinh Bac Branch and Techcombank Tu Son Branch (Bac Ninh) to open two new accounts, then transferred VND 11.9 billion to Vietcombank account and VND 14.6 billion to Techcombank account. On April 25, Ms. Chuc went to the above two banks to withdraw money, but the staff of these two banks informed her that her account had no money, while Ms. Chuc did not make any direct or indirect withdrawal transactions.

According to the statement provided by the bank, someone has transferred 39 entries with a total amount of VND 14.66 billion at Techcombank and VND 11.9 billion at Vietcombank from Ms. Chuc's account to other accounts. Ms. Chuc filed a lawsuit, asking the bank to compensate the entire amount of 14.6 billion, because she thought that the bank staff had professional errors that led to the fact that she was withdrawn money.

At the first-instance judgment, the People's Court of Tu Son city assessed that Techcombank was "partly at fault", forced to compensate VND 800 million, Vietcombank was also forced to compensate VND 700 million. However, both the plaintiff and the defendant then appealed and in which, Ms. Chuc did not agree with this figure and the bank said that it was not responsible for compensation. Ho Chi Minh City People's Institute. Tu Son protested, saying that her above request was not correct.

In addition, at the first-instance court, Ms. Chuc testified that after losing the money, she was "too panicked, did not make any request to the bank". Therefore, Ms. Chuc's accusation that Vietcombank did not respond in a timely manner and did not take measures to reduce the damage is not correct because she did not request it, the bank could not implement it.

After deliberation, the appellate court rejected all of Ms. Chuc's appeal, accepted Vietcombank's appeal and the Procuratorate's protest. The reason, Ms. Chuc listened to two people she didn't know, opened an account, sent money, installed software, causing information to be leaked, leading to loss of money. This is her fault, not Vietcombank's.

On the afternoon of July 2, the People's Court of Bac Ninh province also rejected Ms. Chuc's request to initiate a lawsuit against the defendant, Techcombank. This bank did not have to compensate her for the amount of 14.6 billion VND that the crooks had secretly transferred even though Ms. Chuc did not know and did not agree.

Thus, Ms. Chuc from the person who was declared to receive compensation of 1.5 billion VND (Vietcombank 700 million VND and Techcombank 800 million VND) was "empty-handed" when she was not compensated after the appellate judgment and also had to bear about 200 million VND in court costs.