Man mistakenly receives R$ 15 billion from the bank, returns the money, asks for compensation and wins R$ 1,000 – News

Man mistakenly receives R$ 15 billion from the bank, returns the money, asks for compensation and wins R$ 1,000 – News
Man mistakenly receives R$ 15 billion from the bank, returns the money, asks for compensation and wins R$ 1,000 – News

In April 2019, bus collector Jairo Xavier Evangelista, 51, was a billionaire for a few days: by mistake, a bank deposited R$15.5 billion in his account. Immediately, Jairo informed the bank, which, to resolve the mistake, blocked the card he was using, but did not notify him. In the meantime, with no way to move his own money, the collector went through a series of setbacks. Dissatisfied, he asked the Justice for compensation for moral damages. The bank was sentenced, but Jairo will receive only R$1,000.

“It’s hard to believe. I had such a headache with this problem. I didn’t work for a few days, because I couldn’t use the card to withdraw the money I had there. Then I had to borrow money to go to the branch and solve everything . I didn’t get a break from my job and I had to pay someone to work for me. All this because they didn’t warn me that the card would be blocked. I ended up being harmed by a mistake that wasn’t mine. But, for the Justice, it was nothing more”, lamented the collector, in an interview with R7.

He lives in Valparaíso de Goiás, a city in Goiás that is located in the surroundings of the Federal District, and to resolve the situation he had to go to a bank branch in Taguatinga, an administrative region of the DF, approximately 40 km away from his house. Jairo says that he took a long line and stayed at the bank all morning until he returned the R$ 15.5 billion and, finally, had the card unlocked. But that wasn’t the only headache.

“I called the bank the same day the money appeared in my account, but the person who answered me just said that I should look for an agency. Then I went to fill up the car, and the card was already blocked. It was an unnecessary embarrassment. I stopped resolving other personal issues because of this. It was only two days, but I went through things I shouldn’t have,” he said.

R$ 1,000 in compensation is a “fair and reasonable” amount, says judge

In 2020, Jairo decided to file a lawsuit. According to him, the bank owed him a retraction for the stress caused by the improper deposit. The collector asked for compensation of R$ 10 thousand. The case, however, took two years to be heard. The decision came on the 17th of August.

The case was analyzed by Judge Leonardo Tocchetto Pauperio, from the Judicial Subsection of Luziânia (GO) of the Federal Regional Court of the 1st Region (TRF-1), who agreed to order the bank to repair Jairo for moral damages, but decided not to impose a fine. of R$ 10 thousand for understanding that the collector did not present sufficient evidence of the difficulties he faced while his card was blocked.

“The failure to provide the banking service is evident; after all, the bank, through an operational error, credited the author’s account with a large sum of money that did not belong to him. However, it appears from the author’s account bank statement that the author was unable to use the card for only two days and, although he narrated that he had to miss work on those days because of what happened and that he was unable to fill up his car , the plaintiff did not add any evidence to his allegations,” the judge wrote in the decision.

According to Pauprio, “although the plaintiff had moral damage, it was minimal, and the compensation to be set must observe the extent of the damage now determined”. In this way, the judge ordered the bank to pay Jairo R$1,000, an amount he considers “fair, reasonable and proportional to the damage found in the records”.

feeling of impunity

Jairo was not happy with the deal and says he feels like he was the culprit in the story. “There is a feeling of impunity, as if I were the cause of the whole problem. My dignity went down there. I ran after everything and still had to bear the losses of having the card blocked.”

The collector expected a little more sensitivity on the part of Justice. “Not that I want to take advantage of the bank, but because of their mistake I had a lot of problems. It was absurd and it shook me up emotionally. If I were a dishonest person, I wouldn’t even have gone to the bank. I found it a very low value compared to everything I went through,” he said.

The R$ 1,000 that the bank will have to pay to Jairo will be transferred to Justice until September 13. Afterwards, the collector will be summoned to receive the amount. Even dissatisfied with the process, Jairo is happy to know that he did the right thing by returning the R$15.5 billion that was not his.

“If the bank put it back, I would call there again to report the error and return the money. We all have to be honest. I have my salary and my job, and that’s what matters. Life goes on,” he stated.

O R7 called the bank, but got no response.

The article is in Portuguese

Tags: Man mistakenly receives billion bank returns money asks compensation wins News

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