Khaberni - The Abu Dhabi Court for Family, Civil and Administrative Claims ruled that a bank representative must repay 55,000 dirhams to a client and also compensate him with 5,000 dirhams for the damages incurred from her seizure of the adjudicated amount and her failure to fulfill their agreement regarding financing a car for him through the bank.
In detail, a man filed a lawsuit against a woman, demanding that she repay the amount she received unjustly, amounting to 55,000 dirhams, and that she be obligated to pay 10,000 dirhams in compensation for the material and moral damage caused to him due to procrastination, and non-execution of the agreement. This includes requiring her to cover the fees and expenses of the lawsuit and the attorney's fees. He indicated that he had contacted the defendant believing she was a representative working at a bank and responsible for completing vehicle financing transactions, and she confirmed the need to pay a deposit to secure the vehicle reservation from the car agency to complete bank financing procedures.
The claimant stated that he transferred 55,000 dirhams to her bank account and also paid an additional amount of 5,000 dirhams as a refundable deposit for the benefit of the car agency to reserve the vehicle. However, the defendant did not carry out any procedures and refrained from responding to his calls and messages. He provided evidence for his claim with a bank transfer receipt in the amount of 55,000 dirhams from his account to the defendant’s account, a receipt for the deposit of 5,000 dirhams, and screenshots of their conversations via WhatsApp. During the trial, the defendant requested an adjournment to reach a settlement with the claimant, so the court granted her several postponements; however, no settlement was reached.
In the rationale of its ruling, the court explained that the bank transfer receipt for the amount of 55,000 dirhams transferred to the defendant's account and the defendant's failure to deny this amount, coupled with her request for an adjournment to settle the matter of the lawsuit, serves as evidence that she is liable for the amount claimed by the plaintiff.
Regarding the compensation request, the court indicated that the evidence of the defendant's seizure of the amount transferred to her by the plaintiff without carrying out the agreed action, shows that the elements of liability including fault, damage, and a causal relationship were present. Consequently, the action of the defendant caused material and moral damages to the plaintiff, represented by not benefiting from the demanded amount and the procrastination in executing the agreement. The court ruled that the defendant must pay the plaintiff 55,000 dirhams, and also pay the plaintiff 5,000 dirhams in compensation for all material and moral damages incurred, in addition to covering the fees and expenses of the lawsuit.
