A man calls for a woman to return 25 thousand dirhams, I took her for the import of a car

The Abu Dhabi Family and Civil and Administrative Courts rejected a lawsuit filed by a man calling for a woman to perform an amount of 25 thousand dirhams, claiming that she had deluded him to replace his car, and another purchase of her aunt, who works in the field of importing cars, but she did not fulfill her promise.

The details of the incident are due, according to the plaintiff, that the defendant offered him to change his car with another newer than her, and he deluded him that her aunt is working in the field of importing cars, pointing out that she can help him.

He added that he sold his car, and transferred 25 thousand dirhams to the defendant, to buy a new car for him through her aunt, and the rest of the amount will pay a gift from it, according to the oral agreement between them.

He added that when you communicate with her, she approved her receiving the amount, and asked him for a deadline so that she could return the amount that is cursed in her, and then asked him to pay it in installments, so that each installment is 3000 dirhams, because she was unable to pay the full amount at once. He said that he was registered against her, but at a later date the case papers were preserved administratively because of the civilization of the conflict, which led him to file the lawsuit.

He demanded that the defendant be obligated to pay him the amount of the monitoring in her, and the legal benefit of 5% of the date of the judicial claim until complete payment, accompanied by the details of the bank transfer, a message through the social media program, and the “WhatsApp” conversation between the prosecutor and the defendant.

In the reasons for its ruling, the court emphasized that it is decided by the text of Article (1) of the Law of Proof in Civil and Commercial Transactions that the plaintiff must prove what he claims of the right, and the defendant is his denial, and the facts to be proven must be related to the case, produced in it, and it is permissible to accept it, and the judge may not judge his personal knowledge.

It was also scheduled, according to Article (112) of the Civil Transactions Law, that the evidence to prove the right is writing, testimony, clues, inspection, experience, approval, and right.

And that the judge’s position on civil proof issues is limited to receiving evidence of evidence and exile, as the litigants provide, without interference on his part, without being obligated to assign the opponents to provide evidence of their defense or draw their attention to the requirements of the defense, and according to him that his judiciary will be established according to the documents presented to him.

She pointed out that the plaintiff filed his lawsuit on the basis that he transferred 25 thousand dirhams to the defendant to buy a car through her aunt, and to pay the remaining, a gift from her, but she did not fulfill what they agreed upon, as indicated.

The fixed and stable with the court was that the transfer is nothing but the transfer of money from one person to another, and whoever claims the reason for this is to prove it, as the basic principle is the innocence of the disclosure, and that its preoccupation is an opposing matter that must be established.

The prosecution came as a messenger without providing evidence of the validity of the debt and the agreement and the reason for the transfers. On it. The prosecutor was charged with proving his lawsuit, which necessitated the refusal of the case in her condition.

The court obliged the plaintiff to fees and expenses of the lawsuit.