Yongzhou, Hunan, Lao Huang went to get 15,000 yuan of value preservation savings 8 years ago, but the interest rate was only 865 yuan. The bank replied that they made a mistake in the certificate of deposit that year, and the "value preservation allowance" written on it did not count.
8 years ago, Lao Huang deposited the 15,000 yuan he saved into the local rural commercial bank. The certificate of deposit indicated that it was a whole deposit and withdrawal business, with a one-year term, an annual interest rate of 3.3%, and the interest on maturity was 495 yuan. After the
certificate of deposit expired, Lao Huang did not withdraw the money and did not apply for transfer. Until 8 years later, when Lao Huang went to withdraw the money, the bank employee told him that the interest was 865.12 yuan, of which the interest for one year was 495 yuan, and the remaining 7 years were calculated based on current deposits, the interest was 370.12 yuan, and the total was 865.12 yuan.
Lao Huang was stunned on the spot and asked the bank staff to stop withdrawing money. He pointed to the 865.12 yuan behind the "Value Preservation Subsidy" column on the certificate of deposit and said that this certificate of deposit is a certificate of deposit for value preservation and savings. It should be calculated at 3.3% of the annual interest rate, and the bank must have made a mistake.
However, the bank employee told him that when he was handling deposits for him, he used an outdated format certificate of deposit, and the column on the value preservation subsidy was invalid. When he printed the certificate of deposit for him just now, the data on the form was misaligned, and the interest of 865.12 yuan was placed behind the "value preservation subsidy", which could not be counted.
, Lao Huang could not agree with this at all. It was precisely because the certificate of deposit contained the words "value preservation and subsidy" that he had never come to withdraw money. Now he told him that when he was saving money, he used the certificate of deposit wrong. Isn't this a big joke?
The two sides had a dispute and Lao Huang sued the court.
(Case source: Intermediate Court of Yongzhou City, Hunan Province)
[@French Life]
Lao Huang’s requirement is that the bank should compensate him for 8 years of interest at an interest rate of 3.3%, and compensate him for the car fares, food expenses, accommodation expenses, printing expenses, and loss of work expenses caused by running back and forth. In addition, the court also asked the court to confirm that the bank handled the business certificate of deposit and withdrawal of the business that year, which was illegal with the deposit and withdrawal of value preservation allowance.
In this case, the first fact that needs to be confirmed is whether the bank handled the deposit business of value preservation for Lao Huang that year?
In fact, as early as 1996, the relevant departments notified all banks to stop handling value-preservation savings business. Lao Huang’s deposit date was 2013, and there was no such business at all. However, when Lao Huang was depositing money, the certificate of deposit given to him was an old format certificate of deposit before 1996, so there is a column for value preservation subsidy on the certificate of deposit. The record of preserving savings on the
certificate of deposit actually caused Huang to print the actual paid interest 8 years later when Lao Huang came to withdraw money, and misunderstood the 865.12 yuan behind the "preserving value subsidy", which caused Lao Huang to misunderstand.
Therefore, it can be confirmed that 8 years ago, the bank had not handled deposit business with value preservation, and this fact was also recognized by Lao Huang in the later court trial.
But what Huang Huang was dissatisfied was that he made a mistake in the certificate of deposit 8 years ago, and made the wrong position 8 years later, and made mistakes again and again. The bank should bear the liability for compensation.
is precisely because the bank violated the policy and used the deposit certificates of deposit that were subsidized for one-year fixed deposit certificates, which caused him to misunderstand that the deposit was value-preserved, so he did not transfer the deposit after the deposit expired, resulting in loss of reasonable interest that could be obtained.
There is another situation where banks use "value preservation subsidy" for savings certificates, which is intentionally violating the policy and absorbing deposits by improper means, which is an illegal act and should also compensate him.
. The bank and Lao Huang established a savings contract. According to the law, individuals deposit money into the bank, and the bank issues a certificate of deposit or passbook. When the depositor withdraws the money, the bank should pay the principal and interest of the deposit as agreed.
In this case, the agreement between Lao Huang and the bank is to deposit and withdraw a whole for one year. The certificate of deposit issued by the bank is also a fixed savings certificate of deposit, with a deposit period of one year.
Since Lao Huang did not withdraw for 8 years, according to the provisions of Savings Management Regulations , the fixed deposits withdrawn overdue for the part that exceeds the original deposit period will be paid interest according to the current savings.
Lao Huang did not agree with the bank to automatically transfer the deposit. The bank has neither the right nor the obligation to transfer the deposit according to the regular period. Lao Huang cannot claim interest at the fixed deposit rate .
Although the bank used an old format certificate of deposit, there are records of value preservation subsidies, the actual situation is that the position was not adjusted when printing, and the actual payment interest of 865.12 yuan was misaligned, resulting in the deviation during printing. Lao Huang claimed that the value preservation savings handled by the bank for him that year were not in line with the facts.
Based on this, the court rejected Lao Huang's lawsuit.
Source: French Open Life
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