Khaberni - The Al Ain Court for Civil, Commercial, and Administrative Claims ruled to obligate two brothers to pay a man 73,000 dirhams, which the first brother had obtained from him through deception. He had convinced him that he could provide a wristwatch at a price lower than the market value and asked him to transfer its price to his brother's account.
The court also ordered the first defendant to pay the plaintiff 20,000 dirhams as compensation for the material and moral damages inflicted on him.
In detail, a man filed a legal lawsuit against two brothers, demanding they pay him an amount of 73,000 dirhams, and an additional 27,000 dirhams as compensation for the damages incurred, along with covering the fees, expenses, and legal fees. He had reached out to the first defendant about purchasing a watch advertised for sale, and they agreed upon the transaction details. In execution of the agreement, he transferred the demanded amount to the agreed-upon bank account, which later turned out to be owned by the second defendant. However, he later discovered that he had fallen victim to a fraud scheme.
The first defendant was criminally convicted and fined 80,000 dirhams for the fraud charge. Meanwhile, the second defendant admitted to transferring the 73,000 dirhams to his account at the request of the first defendant.
The first defendant did not attend, despite being legally notified.
The court stated in its ruling that it was established from the criminal verdict that the first defendant was guilty of fraudulently taking the amount specified in the documents, owned by the victim (the plaintiff), by contacting him and misleading him with the ability to provide a wristwatch for less than its market value, supporting those false claims with photos, and then requesting the amount be transferred to his brother’s (the second defendant's) bank account, which the latter confirmed was owned by him and that the transfer was made upon the first defendant's request, without showing any proof of its return or transfer to another party, and without presenting a legitimate reason to justify his retention of it. Consequently, he is deemed to have received money without legal justification.
According to the civil transactions law: No one is entitled to take someone else's money without a lawful reason, and anyone who receives something wrongfully must return it, thereby establishing the defendants' obligation to reimburse the amount demanded.
Regarding the claim for compensation, the court noted that according to the law: Any harm caused to another obliges compensation, once the fault, the damage, and the causal link between them are proven. The fault of the first defendant was proven by the criminal judgment, which resulted in actual harm to the plaintiff, represented in deprivation of his money, hindrance of its use, and associated moral damages.
The court ruled obligating the defendants jointly to pay the plaintiff an amount of 73,000 dirhams, and ordered the first defendant to pay the plaintiff 20,000 dirhams in compensation as detailed in the reasons, covering expenses while rejecting other claims.
