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Tuesday, March 15, 2022

High Court orders CIMB to file defence after suit by 12 account holders

 

The 12 suing CIMB Bank claimed that freezing their accounts was a contractual violation.

GEORGE TOWN: The High Court in Kuala Lumpur has ordered CIMB Bank to submit its statement of defence in a lawsuit brought by 12 account holders over a bank error that caused their monies to be frozen and left them in debt.

The court ordered the bank to file its defence by March 30 when the case was brought up for mention online before assistant registrar Malarselvi Sanmugam.

The lawsuit was filed on Feb 28, with judicial commissioner Adlin Abdul Majid assigned to preside over the case.

Nazmi Mohd Zain appeared for the complainants and Sathya Kumardas represented CIMB.

The 12 suing the bank claimed that freezing their accounts was a contractual violation.

They claimed third party processing errors remained the bank’s fault, not the customers.

They sought a court order to declare the freezing of bank accounts “invalid and unenforceable” as it went against the bank’s terms and conditions.

They also want the court to declare that the action to freeze accounts had unfairly prejudiced customers and neglected and breached the duty of care of its customers.

Last month, the bank claimed a processing error related to a specific third-party financial remittance service had led to transfers made to customers being accidentally credited twice.

CIMB had then said it was trying to recover these duplicate sums. The bank denied claims of wrongdoing and vowed to defend itself.

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 Berhad and CIMB Islamic Bank Berhad are named as defendants in the suit. - FMT

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