Khaberni - The Al Ain Court for Civil, Commercial, and Administrative Cases in the UAE has ruled that a fraudster must pay a man 129,000 dirhams, which he paid for two counterfeit watches, after the latter deceived him through an advertisement on social media, claiming they were genuine. The court also ruled that the defendant must compensate the plaintiff for moral damages in the amount of 10,000 dirhams.
In more detail, a man filed a lawsuit against a young man demanding that he be obliged to pay him 149,000 dirhams for two watches he purchased from him, which turned out to be counterfeit. He also sought compensation of 15,000 dirhams for the damages incurred, noting that the defendant had advertised on social media a watch from a famous brand along with its certificate of origin. He contacted him and agreed on a price of 81,000 dirhams for the watch, which he transferred to him in full. Subsequently, he agreed to buy a second watch for 68,000 dirhams, and after receiving them, he took both to a specialized watch center where it was confirmed that they were counterfeit, resulting in a criminal conviction. He provided evidence for his claim including screenshots of telephone conversations and a copy of a final criminal judgment, while the report by the court-appointed expert concluded that, according to messages exchanged on WhatsApp between the plaintiff and the defendant, the plaintiff agreed to buy two watches from the defendant, with the first watch priced at 68,000 dirhams and the second at 81,000 dirhams, which was the subject of the criminal lawsuit. The plaintiff paid its price by bank transfer, while he paid 48,000 dirhams of the second watch’s price by bank transfer. He noted in his memoranda that he paid the remaining 20,000 dirhams in cash, although he did not provide supporting documents for that amount.
The court explained in its decision that the defendant's error is proven as stated, and, based on the report submitted by the expert, which the court trusts and accepts based on its reasons, the value of the counterfeit watches that the plaintiff paid to the defendant amounts to 129,000 dirhams, thus the material damage suffered by the plaintiff is estimated at this amount.
The court pointed out that the defendant's error resulted in moral damage represented by the plaintiff's psychological pain caused by the defendant's actions. The causal relationship between the error and the damage was established, legally obliging the defendant to compensate for this damage. The court estimated the compensation for moral damage at 10,000 dirhams as compensation that remedies the moral damage, in addition to obliging the defendant to pay the plaintiff an amount of 129,000 dirhams according to what is stated in the reasons and with costs, rejecting other claims.
