GEORGE TOWN: CIMB has countersued 12 parties suing the bank over what it described as “unjust enrichment” stemming from a processing error that left their accounts frozen and in debt.
In a court filing on March 30, the bank also asked for an order for all 12 to repay RM1.39 million wrongly credited into their accounts, plus interest.
In February, CIMB claimed a processing error by a remittance service led to fund transfers made to customers being wrongly credited twice.
The bank earmarked affected accounts to recover the duplicate sums, which led to accounts being frozen.
Then, on Feb 28, 12 affected account holders filed a suit against the bank for the error as they felt it was the bank’s fault, not the customers.
In a statement of defence sighted by FMT, CIMB said it had not violated any contract with its account holders as they were free to debit or put on hold any account as they wished — as it was part of the terms and conditions agreed to by the bank users.
Hence, in January, the bank said an “operational hold” had been placed on affected accounts. It was later lifted on Feb 13. However, it did not say how many accounts were affected.
CIMB said as a result of the duplicate credits, the account holders had been “unjustly enriched” at the bank’s expense.
The bank said the 12 suing parties did not alert them when additional, duplicate funds were transferred into their accounts.
CIMB said it was allowed to recover the duplicate sum as it was legally and contractually entitled to.
“The plaintiffs were able to receive funds in their respective accounts and/or make withdrawal of funds in excess of the amount of the duplicate credits received by each plaintiff.
“The plaintiffs have received and enjoyed, and have been enriched by way of the duplicate credits that were mistakenly credited into the plaintiffs’ accounts by reason of the inadvertent processing error of MoneySend transfers as pleaded,” the defence statement read.
FMT has contacted MasterCard, which provides the MoneySend service for comment.
Those suing are: Ahmad Sharil Nor Rasit, 42, Azwani Aziz, 39, Nor Amirah Suria, 26, Nor Sazliana Sazali, 31, Mukmin Mohd Ibrahim, 34, Siti Roziana Abdullah, 26, Haris Fadhillah Yaacob, 28, Azizi Aziz, 34, Azizul Aziz, 40, and three companies — Ai Smart Perfect Services, Ai Smart PS Trade and Harmonian Altra Trading.
CIMB Bank Bhd and CIMB Islamic Bank Bhd are named as defendants in the suit.
The bank had said the problem involved “a limited number of customers that undertook international to local transfers”, and pledged to offer a fair and managed resolution to affected customers.