An employee obtains two loans and a credit card worth 811 thousand dirhams and refuses to pay the installments

The Abu Dhabi Commercial Court (first instance) ruled to oblige a man to pay a bank an amount of 811 thousand and 77 dirhams, the value of two loans and a credit card that he obtained but did not pay the agreed upon installments. The court also obligated the defendant to pay the bank 5,000 dirhams as compensation for damages.

In the details, a bank filed a lawsuit against a customer in which it demanded that he be obligated to pay him an amount of 811 thousand and 77 dirhams, and obligating him to pay him an amount of 20 thousand dirhams in compensation for material damages, while obligating him to pay expenses and legal fees, indicating that the defendant obtained banking facilities that consisted of two Murabaha Sukuks and a credit card, and did not commit to paying what he withdrew from the credit card amounts and the two Murabaha installments, and he was monitoring the He owes the total amount of the claim, and he provided support for his claim with a salary certificate, copies of identification papers, and bank checks.

For its part, the court explained in the merits of its ruling that the report of the consultant expert supporting the claim, which the court was assured of as to the soundness of the foundations on which it was built, concluded that the plaintiff bank granted the defendant a sukuk murabaha and a covered credit card, and as a result of the defendant’s failure to pay the installments due for the facilities that are the subject of the lawsuit, an amount of 811 thousand and 77 dirhams was deposited in favor of the plaintiff bank, for the sukuk murabaha facility in the amount of 51 thousand and 162. dirhams, a Sukuk Murabaha facility in the amount of 571 thousand and 227 dirhams, and a covered credit card in the amount of 188 thousand and 687 dirhams.

The court indicated that it was satisfied with the soundness of the consultant’s research and the validity of the results he reached, and therefore accepted the report based on its reasons, especially since the expert cited the documents on which he based his report. The matter with which the court concludes that the defendant is owed a total amount of 811 thousand and 77 dirhams in favor of the plaintiff bank for the facilities that are the subject of the lawsuit, especially since the defendant did not appear at the sessions despite his announcement to present a defense or defenses in the lawsuit, or present what he is entitled to of what he owes in favor of the plaintiff in basis or amount with legally valid evidence, and he is the one responsible for proving that.

Regarding the request for compensation, the court indicated that it was proven that the defendant was preoccupied with the amount of the claim in favor of the plaintiff bank, which made the latter entitled to compensation as a result of the defendant’s failure to fulfill his obligations. The court ruled to oblige the defendant to pay the plaintiff an amount of 811 thousand and 77 dirhams, obliging him to compensate him in the amount of 5,000 dirhams, obliging him to pay legal expenses including 200 dirhams for attorney’s fees, and rejecting all other requests.