Obliging a bank to return 326 thousand dirhams to a customer and two guarantee checks for 1.2 million

A federal civil court decided a financial dispute between a customer and a bank, after a dispute arose over a personal loan and guarantee checks that resulted in ongoing financial obligations. The ruling was finally issued obliging the bank to return the amount of 326 thousand dirhams that the plaintiff had paid, in addition to handing over guarantee checks totaling one million dirhams, legal interest at 7%, judicial fees, and attorney fees.

The lawsuit papers stated that the plaintiff client submitted a complaint to the Conciliation and Reconciliation Committee, in which he explained that the defendant, who is one of the banks in the country, benefited from two bank loans, while the plaintiff continued to pay their installments from his salary, confirming that the two loans were deposited in the defendant’s account, and that he was committed to paying for a long period in accordance with an agreement between the two parties, but the defendant did not return the amounts paid, which prompted him to file the lawsuit after the failure of the amicable settlement.

In his lawsuit, the plaintiff demanded that the defendant be obligated to pay the fixed debt he owes amounting to 326 thousand dirhams, with legal interest calculated at a rate of 7% annually from the date of the claim until full payment. He also demanded that he be obligated to hand over the original security checks submitted by him, which include a check for 950 thousand dirhams and another for 250 thousand dirhams, both issued to the benefit of the bank, in addition to obliging him to pay legal fees, expenses and attorney’s fees. He also presented a portfolio. Documents containing detailed account statements showing the bank transfers it paid to the defendant bank in support of its requests.

On the other hand, the bank submitted a judicial memorandum in which it argued that the claim was invalid, and claimed that the amounts subject of the lawsuit do not constitute a refundable debt, indicating that the security checks are not sufficient documentary documents to prove this. It also claimed that it was not responsible for some of the amounts, and requested that the lawsuit be dismissed due to lack of a legal basis. However, it did not provide documents or account statements that negate what the plaintiff or the expert report proved.

The court appointed an accounting expert to examine the dealings of the two parties, and the expert report, in its basic and supplementary versions, concluded that the plaintiff paid fixed amounts via documented bank transfers to the bank account, and that the latter did not provide any evidence that those amounts were returned or settled. The report also proved that the total amount paid by the plaintiff amounted to 326 thousand dirhams, and that the security checks in question were still deposited with the bank without justification after the payment was proven, which confirmed the bank’s preoccupation with the claimed amount. With it.

The plaintiff’s agent amended the applications based on the expert report, attaching a response memorandum in which he requested that the list of amendments to the applications be accepted and that the defendant be legally notified thereof, and that he be obliged to pay 326 thousand dirhams, the value of the amount paid by the plaintiff to the defendant in excess of the value of the two loans, and that the defendant bank be obligated to pay delay interest at the rate of 12% annually from the date of filing the lawsuit until the full payment of the amount owed by him for the benefit of the plaintiff, which he paid in excess of the value of the two loans, and that the defendant be required to receive Two guarantee checks and the closure of the two loans’ files due to the plaintiff’s payment of the value of the two loans.

While the court stated that the legal interests may not exceed the percentages permitted by the law in civil transactions, clarifying that high commercial interests do not apply to relations between individuals, and that the correct legal percentage is 7% annually from the date of the claim until full payment, based on the provisions of the civil law and what the rulings of the Federal Supreme Court have established, and it stated in its merits that the expert report was comprehensive and stated on official documents, and that the defendant bank did not provide any evidence that would undermine the demands made by the plaintiff, which proves the validity of the lawsuit and its preoccupation. I owe him the amount.

The court ruled that the defendant bank be obligated to pay the amount of 326 thousand dirhams and calculate legal interest at a rate of 7% from the date of the claim until full payment, in addition to obligating it to hand over to the plaintiff the original of two security checks worth 950 thousand dirhams and 250 thousand dirhams, and obliging him to pay legal fees and expenses and 1000 dirhams in legal fees.