As soon as the day dawned, the old horse had already gotten up, and he hurriedly got dressed, and before he even had time to wash his face, he opened the old wardrobe and took out a small burden from it. He carefully placed the burden on the edge of the kang, lifted several layers of coarse cloth, and finally took out a lot of money in a plastic bag. The money was crumpled, because it was saved by the old Madang village doctor day by day. He and his wife usually save money to save money for their son to marry a daughter-in-law and buy a house. On this day, he was going to take the money to the bank in the city and deposit it.
The old horse called his wife in, and the two of them sat down and counted them one by one. For the sake of insurance, the wife counted the first time, and the old horse counted the second time, and finally, they counted out that the money totaled more than 80,000 yuan. They sorted out the money neatly, and the wife wrapped the 80,000 yuan layer by layer and put it in the old horse's handbag. The old horse took the bag and set off in the shuttle bus.
He clutched his handbag tightly along the way, because it was not only money, but also love for his son and hope for the future. When he arrived at the bank, Lao Ma came to the counter, and after explaining his intentions, he carefully handed the money to the teller, and then filled out a deposit slip of 80,000 yuan under the guidance of the teller. The teller used the money detector to check it one by one, and after confirming that it was correct, he handed him a deposit receipt of 80,000 yuan. Lao Ma put away the deposit receipt, put it in his handbag, walked out of the bank happily, bought some things that the family wanted, and hurried home.
However, in the afternoon, before the deposit certificate was hot, Lao Ma received a call from the bank. Bank staff said they found 4,600 yuan missing in cash when they counted before leaving work. By repeatedly checking the surveillance video, they found that when Lao Ma made a deposit at that time, he only gave 75,400 yuan in cash, but due to the staff's operation error, he issued a deposit certificate according to 80,000. The staff said they were very sorry, and they hoped that Lao Ma could come to the bank again to make up for the gap of 4,600 yuan.
Lao Ma heard the news, at a loss for a while, he himself was obviously giving 80,000 yuan at the time, he and his wife counted several times without saying, the teller also used the money detector to order, now how can it be said less? Moreover, isn't the slogan of the bank "count in person, and leave the counter without responsibility"? Could it be that these are just empty words, and they are still lying to the common people?
Lao Ma decided to go to the bank again and asked to find the teller who deposited the money, and he hoped to solve the problem himself. The next day, the people from the village committee found Lao Ma and hoped that he could actively cooperate with the bank, and the bank also said that their teller was also at fault in this matter, so as long as Lao Ma made up half of the money, the matter would be over, otherwise, they would have to use legal means to solve the matter.
The bank's approach was like a threat to Lao Ma, which made him feel very uncomfortable, and he refused again. He was convinced that his money was right, and he could provide all the evidence for the matter. Soon, the bank took Lao Ma to court.
On the day of the court appearance, the courtroom was full, and everyone was very concerned about this case, because it had a bearing on the vital interests of the people. As Lao Ma's lawyer, I am fully prepared to invoke the relevant legal provisions and the agreement between the bank and the client to defend Lao Ma.
First of all, we would like to emphasize that the deposit contract between the bank and the customer has the legal force of the contract according to the relevant legal provisions. In the deposit contract, the bank has the responsibility to ensure the safety and insurance of the customer's deposits, and the customer has the right to check the status of his deposits at any time. And this is exactly what Lao Ma did that day - he personally counted the money, and the teller also checked it, and only after confirming that it was correct did he go through the deposit procedures.
Secondly, we will present the negligence of the bank in the deposit business. The bank claimed that it was a teller error, which led to an error in the recording of the deposit amount. However, according to the surveillance video, it can be seen that when Lao Ma handed the money to the teller at that time, the teller's attitude was very cold, and he did not verbally inform the deposit amount. Such an operational mistake is obviously the fault of the bank, not the responsibility of Lao Ma.
Finally, we will cite legal provisions and the bank's slogans to challenge the bank's actions. As a financial institution, banks must pay attention to authenticity and reliability in publicity. If the bank's slogan is just a false propaganda tactic, then the bank not only violates consumer rights protection**, but also shakes people's trust in financial institutions.
The above are my views and strategies on this case as Lao Ma's lawyer. The trial continues, and the atmosphere is becoming more and more tense. Everyone wants to know how the court will decide this case in the end, whether it will support the bank or the old horse. For Lao Ma, he is not only fighting for a deposit of 80,000 yuan, but also for his dignity and justice for consumer rights.
Uncle Zhang's view: The bank's request is reasonable. Based on the monitoring** provided by the bank and the operational records of the staff, it is clear that the bank's mistake led to the wrong deposit amount. Moreover, the bank has already expressed its willingness to settle the matter properly with Lao Ma, and as long as he makes up half of the amount, it will be fine. This is a fairer and more reasonable solution, and Lao Ma should actively cooperate with the bank, abide by the provisions of the law, and make up the shortfall to avoid further deterioration.
Uncle Feng's point of view: Lao Ma's refusal is understandable. When Lao Ma made the deposit, he obviously counted and filled in the accurate amount according to the bank's requirements, and he and his wife also confirmed it many times, and the teller also confirmed it with a money detector. If something goes wrong with the bank, it should be the bank that bears the blame, not the blame on the old horse. There is no need for Lao Ma to pay his own money and time for the bank's mistakes. The bank's threatening behavior and taking Lao Ma to court will only make Lao Ma feel aggrieved and unfair, and should not be treated in this way.
Legal Terms. 1.According to article 9 of the Contract Law, the conclusion, performance, modification and termination of a contract shall be in accordance with the principle of equity.
2.According to article 47 of the Contract Law, the debtor shall perform its obligations in accordance with the contract. As the debtor, the bank shall ensure the safety and insurance liability of the customer's deposit in accordance with the contract.
3.According to Article 50 of the Contract Law, if one of the parties expressly indicates or acts that it has not performed its contractual obligations, and has not fully performed its contractual obligations, or has breached the contract, the party shall be liable for breach of contract in accordance with the agreement.
4.According to Article 36 of the Consumer Rights and Interests Protection of the People's Republic of China, business operators shall not falsely advertise goods or services in the process of providing them.
5.According to Article 169 of the General Provisions of the Civil Law of the People's Republic of China, financial institutions shall charge interest, handling fees or other fees in accordance with the provisions of this Law. Financial institutions participating in the implementation of insurance, trust, ** and other trading activities shall comply with the provisions of laws and administrative regulations. At the same time, financial institutions shall not charge or increase fees that have not been agreed upon.