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Banco do Brasil (BB) will have to pay R $ 10,000 to a client for undue withdrawals in his current account, in 2015. The 25th Civil Chamber of the Rio de Janeiro State Court of Justice ( TJ-RJ)) upheld the conviction of the financial institution for moral damages, since the withdrawal of money resulted in the inclusion of the name of the account holder in the register of unsecured checks.
BB will also have to pay for the property damage caused, with the return in two times the amount unduly deducted from the client's account, which is a member of BB since 2013.
According to the lawsuit, during a strike bank triggered in 2015, the customer went to a bank 24 hours a day In October of the same year, she concluded that three indusable withdrawals had been made on her account.
In the lawsuit, she alleged that when she was trying to solve the problem at the bank branch, she told him that she had to sign documents. Among the clauses listed, was the commitment not to file a complaint against the financial institution.
According to his bank statement, on October 7, two withdrawals were made: one from R $ 500 and the other from R $ 300. The next day there was another withdrawal, this time of R $ 205. After a complaint filed with the bank, she blocked the account. As a result, the checks already issued were not paid, even though the client had deposited money to honor them.
From that moment, the accountant stated that she was obliged to borrow money and look for creditors to settle the accounts. checks, but one of them was protested.
The bank had already been convicted at first instance. In his judgment, Judge Werson Rêgo, rapporteur of the case, said that the amount of compensation should take into account the inconvenience and constraints to which the bank account was subject, also compensating for the time spent trying to get extrajudicial compensation.
"The compensatory sum must also fulfill its punitive character, since, under the false pretext of not unduly enriching the offended, the aggressor more and more aggressive is protected, in a total reversal of values "
Also according to the decision," the occurrence of fraud or crimes against the banking system, which causes damage to third parties or to account holders, does not remove the civil liability of the financial institution, to the extent that part of the company's own risk, characterizing the domestic fortuitous. "
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