A girl transferred 24.8 thousand dirhams by mistake… and the account holder asks to return the amount in installments

The Al Ain Court of Civil, Commercial and Administrative Claims ruled that a young man was obliged to return to a girl the amount of 24 thousand and 800 dirhams, which she had transferred to him by mistake. He refused to return it and negotiated with her to pay the amount in installments.

The court also ruled that the defendant must compensate the plaintiff for the material and moral damages she suffered, in the amount of 3,000 dirhams.

In the details, a girl filed a lawsuit against a young man, demanding that he pay her the amount transferred to him by mistake, and obliging him to pay her an amount of 5,000 dirhams as material and moral compensation for the harm that befell her, along with legal interest, and obligating him to pay fees, expenses, and attorney fees, pointing out that the amount was transferred to the defendant’s account by mistake, and as soon as she learned of the error, she took the initiative to notify him and demand that she return the amount, but he refused to return it and seized it without justification. A right, which prompted it to take legal measures against him, and the seizure was proven according to the criminal ruling issued against him.

While the defendant submitted a response memorandum, at the conclusion of which he requested that the judgment be limited to the original amount transferred to him, and that the compensation request be rejected, while allowing him to pay the amount in installments.

He claimed that he acted in good faith and amicably sought to return the amount, but the plaintiff did not respond.

For its part, the court explained in the merits of its ruling that the criminal ruling issued on the subject of the criminal case before the court of first instance detailed the occurrence of the act that constitutes the common basis between the civil and criminal lawsuits and the legal description of it and its attribution to its perpetrator, pointing to the defendant’s conviction for the incident of seizing the amount transferred to him by mistake, which the civil court stands at this point, and it is not permissible to re-examine the incident, and the defendant is obligated to return the amount that was seized.

Regarding the request for compensation, the court indicated that, according to the provisions of the Civil Transactions Law, any harm caused to a third party is deemed to require compensation, once the mistake is proven and the damage and the causal relationship between them are proven. It has been proven from the final criminal ruling that the defendant seized the plaintiff’s money, in what is considered an established mistake against him. This mistake resulted in material damages represented by the costs associated with trying to recover the amount and loss of benefit, and moral damages represented by anxiety and stress, and a causal relationship existed between the error and the damage, so the defendant bears responsibility. legal liability for those damages.

The court ruled to oblige the defendant to pay the plaintiff an amount of 24,800 dirhams, the value of the seized amount, and an amount of 3,000 dirhams as compensation for the damage, while obligating him to pay fees and expenses, and refusing anything else.

• The court confirmed that any harm caused to others requires compensation, once the fault and damage are proven.