Tagilchanin Alexander K. In September 2018, he left a bid to the purchase of goods on credit in the trading network, but the contract did not conclude. After that, a man requested his credit history in various credit histories bureau, paying a total of 2450 rubles and found out that a number of banks, including PJSC Post Bank, were requested without his consent of his credit history. Alexander K. filed a complaint against the bank's actions in the service of consumer protection and ensuring the availability of financial services in the Central Bank of the Russian Federation. By the decision of the specified service in July 2019, PJSC "Mailta Bank" was attracted to administrative responsibility under Art. 14.29 Administrative Code, he was appointed an administrative penalty of 30 thousand rubles.
A man considered that he suffered the cost of checking his credit history. Of the 15 illegal queries 2, PJSC "Mail Bank" were made. Since the rest of banks on his claim refund him the costs of obtaining information from the Bureau of credit stories, Alexander K. filed a lawsuit to the Tagillestroevsky District Court of Nizhny Tagil, in which he asked to recover from PJSC Post Bank to compensation for the material damage of 330 rubles, moral compensation Harm is 2 thousand rubles, the costs of paying legal services - 3 thousand rubles, 400 rubles for payment of state duty, as well as postal expenses for sending claims - 65 rubles and 261 rubles to send a lawsuit to court.
The court of first instance partially satisfied the claims of Tagilchanin. With PJSC "Post Pan" recovered, the compensation of material damage in the amount of 330 rubles, 3 thousand rubles to compensation for moral damage, 3 thousand rubles for legal expenses, postage costs - 327 rubles and state duty - 400 rubles. A total of 7,057 rubles are recovered.
Disagreeing with the decision of the court of first instance, the defendant filed a appeal against him to the Sverdlovsk Regional Court. In support of the arguments of complaints, the representative of the credit institution indicated that Alexander K. repeatedly appealed to the defendant with applications for various credit products and even signed an application for consent to the processing of personal data. Also, the defendant believed that the trading network, where the man was planning to purchase goods, there is agreement for the processing of the personal data of the defendant.
At the same time, the court of appeal to consider the argument of a complaint about the overestimated amount of compensation for moral damage. The court of first instance did not lead any arguments about the presence of grounds for the recovery of the specified compensation in a larger amount than asked the plaintiff.
The Sverdlovsk Regional Court changed the decision of the Tagillestroevsky District Court of Nizhny Tagil, reducing the amount of compensation for moral damage to 1 thousand rubles. In the rest of the decision was left unchanged.