He deluded him that he is the owner of a car showroom

A fraudster seizes 40,<> dirhams from a young man

A fraudster succeeded in deceiving a young man and seizing an amount of 40,65 dirhams after deluding him that he was the owner of a car showroom, and agreed with him to sell three cars to him and obtained the amount from him, while the Abu Dhabi Family and Civil Claims Court ruled to oblige the defendant to pay the plaintiff the amount of <>,<> dirhams.

A young man filed a lawsuit against another in which he demanded the termination of the agreement concluded between him and the defendant with obliging the latter to refund him the amount of 40 thousand dirhams and obliging him to pay him the amount of 51 thousand dirhams as material and moral compensation with interest at the rate of 12%, and obliging him to pay fees and expenses and for attorney's fees with the inclusion of the judgment with expedited enforcement, indicating that the defendant deluded him that he had a car showroom and accordingly paid a total amount of 40 thousand dirhams to the defendant At intervals, in exchange for the purchase of three used cars, and after receiving the amount, he did not hand over the cars subject to the contract, after which the plaintiff found out that the defendant had no showroom, and that he was defrauding him, so he filed a report against him and was criminally convicted.

For its part, the court clarified in the reasons for its ruling, that it is legally prescribed that the judgment issued in criminal matters shall have authority in the civil lawsuit before the civil courts whenever it has a necessary chapter in the occurrence of the act constituting the common basis between the criminal and civil lawsuits and in the legal description of this act and its attribution to its perpetrator, noting that it is clear from the criminal judgment that the accused (the defendant) is convicted of the charge of seizing the amount of money indicated in the judgment and owned by the victim (the plaintiff), and from Then the judgment has acquired the authority of res judicata in what it ruled before the civil court and it is not permissible to re-examine the elements of liability, and then the element of error has been provided by the defendant and has been conclusively proven against him, and it is clear that this error is the cause of damages to the plaintiff.

Regarding the plaintiff's request to oblige the defendant to return to him the seized amount of 40 thousand dirhams, it is prescribed in the Civil Transactions Law that «in contracts binding on both sides, if one of the contractors does not fulfill what he is obligated to contract, the other contractor may, after excepting the debtor, demand the implementation of the contract or its termination», and it is also legally prescribed that «no one is allowed to take the money of another without a legitimate reason, if he takes it, he must return it», noting that the constant of The criminal judgment is that the defendant seized an amount of 40,<> dirhams owned by the plaintiff after deluding him that he owns a car showroom and offering him to sell cars to him, and then proves to the court the validity of the plaintiff's claims in this regard and obliges the defendant to return this amount to the plaintiff.

Regarding the plaintiff's request to oblige the defendant to pay him an amount of 51 thousand dirhams as material and moral compensation, the court pointed out that it is proven that the defendant's seizure of the amount of 40 thousand dirhams from the plaintiff resulted in material damages represented in depriving him of the benefit of the seized amount in addition to the moral and moral damages he suffered represented in the sadness and sorrow he suffered, which the court considers that the plaintiff's compensation for all material and moral damages is sufficient in An amount of 25,65 dirhams, and the court ordered the defendant to pay the plaintiff an amount of <>,<> dirhams and obligated the defendant to pay fees and expenses.

The court ordered the defendant to pay the plaintiff 65,<> dirhams, fees and expenses.