Precedent-setting court ruling concerns Akbank victims
While hundreds of Akbank victims whose accounts were emptied and who were saddled with debt through loans taken out in their names are trying to make their voices heard, the Ankara 13th Consumer Court has suspended loan payments for one victim.
The Ankara 13th Consumer Court has ruled that a person whose account was emptied and a loan taken out in their name should stop making loan payments to the bank.
According to a report by İsmail Arı from BirGün; a citizen named Hatice Şap applied to the Ankara Consumer Court and filed a lawsuit against Akbank. Şap stated that on May 9, a loan of 100,000 TL was taken out in her name from Akbank, and that an additional 49,437 TL was withdrawn from her overdraft account, leaving her with a debt of approximately 150,000 TL. In the petition submitted to the court through her lawyer Ömer Faruk Eminağaoğlu, Şap demanded 165,600 TL in material damages and 75,000 TL in moral damages from Akbank. She also requested that the court issue an injunction to suspend the loan payments.
"THE RESPONSIBILITY LIES WITH THE BANK"
Lawyer Eminağaoğlu emphasized that Akbank was at fault, stating, “Banks have an obligation to carry out their activities without undermining the trust relationship with their customers, and to establish and maintain all kinds of security systems. The fact that the defendant caused the account to be compromised, that multiple transfers were made to different accounts from the same account at very short intervals without the client receiving a confirmation code, that a confirmation code was not requested for each transaction, and that the bank did not block the account or contact other banks in the face of all these situations, demonstrates the bank's liability. Considering these circumstances, one cannot even speak of any fault on the part of the client.”
COURT'S DECISION IS PRECEDENT-SETTING
Although Akbank claimed that it had fulfilled all its responsibilities, the Ankara 13th Consumer Court decided on June 13, 2024, that “the payments that Hatice Şap is required to make to Akbank shall be suspended as a precautionary measure until the end of the trial.”
Although Akbank objected to the court's injunction to suspend the loan installments, the bank's objection was rejected at the hearing held yesterday. The next hearing of the case was adjourned to October 23.
Lawyer Ömer Faruk Eminağaoğlu stated, “There are many victims, and this decision sets a precedent.”
News Source: 12punto
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