Woman reports to Indecopi that bank does not want to return her money that was retained in the ATM

A user reported BBVA in view of Indecopi for the retention of part of her money in an ATM in Piura on May 20, 2024. The bank refused to return the missing amount, leading the woman to file a formal complaint on May 31. Indecopi has initiated an administrative sanctioning procedure against the BBVAwhich could have implications for the financial institution.

On May 31, 2024, the user filed her formal complaint, and Indecopi has initiated an administrative sanctioning procedure against BBVA. This situation has generated an investigation that could have implications for the bank.

What are the facts for which BBVA is being accused?

On May 20, 2024, a citizen went to the ATM located at 779 Loreto Avenue in Piura with the intention of withdrawing $320. According to the complainant, the ATM only dispensed ten $20 bills, totaling $200. Immediately afterward, the device broke down, closing the gate and emitting an unusual sound.

The woman said that when she realized the situation, she proceeded to complain to the BBVA bank. However, her complaint was denied, which led her to take other measures. On May 31, she filed her complaint with Indecopi, arguing that the ATM had improperly withheld her money. In her complaint, she requested the return of the missing $120 and reimbursement of the costs associated with the process.

What actions has Indecopi taken against BBVA bank?

Indecopi, upon receiving the complaint, decided to initiate an administrative sanctioning procedure against BBVA. Through a resolution issued on June 12, 2024, the regulatory entity determined that there is sufficient evidence to investigate an alleged violation of articles 18 and 19 of the Consumer Protection and Defense Code.

The Code establishes that there must be a correspondence between what a consumer expects and what he actually receives, based on what was offered. It also states that the supplier is responsible for the suitability and quality of the products and services offered.

BBVA has a period of five business days from the notification of the resolution to present its defense and the evidence it considers relevant. In addition, IndecopiIn its resolution, the bank has also requested a copy of the cash audit and the security videos of the ATM where the alleged withdrawal of money was made from BBVA bank.

What is Indecopi?

The National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) is a Peruvian public entity responsible for promoting and defending free competition and consumer rights. Its mission includes monitoring compliance with regulations related to consumer protection, fair competition and intellectual property.

Indecopi has various areas and mechanisms to receive and process complaints from consumers who consider their rights have been violated. Among its main functions is the resolution of conflicts between consumers and suppliers, in addition to imposing sanctions when violations of current regulations are detected.

Source: Larepublica

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