The court established that there was negligent action on the part of the banking entity, which caused harm to the affected party. In fact, he appeared in the commercial bulletin for the misuse that the third party made of the card.
He Falabella Bank was sentenced by the Eleventh Civil Court of Santiago to pay compensation of $10.000.000 to a client, for moral damage.
What happened? The bank gave a credit card to a person who usurped the customer’s identity.
The Court, therefore, established that there was negligent action on the part of the banking entity, which caused harm to the affected party. In fact, It appeared in the commercial bulletin due to the misuse that the third party made of the instrument.
“(…) It has been sufficiently established, by the evidence provided, that the credit card and opening of the line of credit obtained in the name of the plaintiff, was obtained digitally and fraudulently, as has been recognized by the Bank itself (…)”, indicated the ruling.
He added that the lack of diligence in the administrative procedure – and that it allowed an undetermined third party to obtain the products from Banco Falabella – reflects the “lack of sufficient surveillance to detect” fraud in obtaining the products.
For all things, the Eleventh Civil Court of Santiago, considering that due to the bad actions of the bank the affected person was unjustly published in the debtors bulletin and with consequences on his normal life, ordered compensation for moral damage of $10,000,000.
