Khaberni - The Civil Court in Dubai ruled that a woman of Asian nationality must return an amount of 6000 dirhams that was mistakenly transferred to her account by an employee. In addition to returning the amount, she was also fined 5000 dirhams as material and moral compensation to the plaintiff for unlawfully taking his money.
In detail, a simple employee made a mistake while transferring 6000 dirhams, depositing it by mistake into the account of a woman of Asian nationality with whom he had no connection. When he discovered the error, he contacted her multiple times and pleaded with her to return the money due to his need for it, but she refused and kept it with the intent to possess it. This led him to file a report against her at the Muraqqabat Police Station. The Dubai Public Prosecution referred her case to the Misdemeanors Court, where she was convicted and fined 1000 dirhams, in addition to returning the amount she had taken.
In his civil lawsuit, the plaintiff stated that the initial criminal judgment was upheld by the Court of Appeal and became final, prompting him to turn to the civil court due to the material damages and psychological distress he suffered from being unable to meet his financial obligations after losing this amount.
The plaintiff mentioned that he was a simple employee with a salary of 4000 dirhams and had financial commitments to his family and relatives whom he supported. He highlighted that he made all possible efforts to convince the defendant to return the money and explained his circumstances, but to no avail.
The issue persisted for about six months until a judgment was issued in his favor, leading him to file a civil lawsuit to recover his money, providing a copy of the criminal judgment as evidence.
In her defense, the defendant submitted a legal memorandum to the civil court, requesting the dismissal of the lawsuit in its entirety, claiming that the lawsuit was baseless or legally invalid and accusing it of being a clear malicious claim.
After reviewing the case, the civil court confirmed that, according to the criminal judgment, the defendant had been convicted of unlawfully taking the 6000 dirhams, which belonged to the plaintiff. The criminal court had fined her, and this judgment was final after being upheld by the Court of Appeal. As such, this ruling served as a binding decision in both the criminal and civil cases, which the civil court was obligated to respect.
The civil court emphasized that the defendant appeared before the court and did not present any defense that would invalidate the lawsuit or disprove the evidence provided. She also failed to present any proof that she had returned the amount. As a result, the court ruled in favor of the plaintiff, confirming the defendant's debt and obligating her to pay the amount claimed.
Regarding the plaintiff's request for compensation, the court acknowledged that he had suffered both financial and moral damages, including distress and sadness over the unlawful seizure of his money and the expenses he incurred while reporting the incident. The court awarded him 5000 dirhams as compensation for both material and moral damages.
