He was convicted in a criminal judgment of practicing economic activity without a license

The “owner of a fake maintenance company” was required to pay 119,000 dirhams to a villa owner

The Abu Dhabi Commercial Court of First Instance ruled to compel a person convicted in a criminal judgment to engage in an economic activity without a license, claiming to be the owner of a maintenance company, to return 109 thousand dirhams to a villa owner, in addition to compensating her with 10 thousand dirhams, as the plaintiff paid him the amount for performing maintenance work in her home But she was surprised that the implementation was against specifications.

And in the details, a person who owns a villa and wants to do maintenance has made the illusion that he owns a specialized company and entered into a contracting contract with him to do the maintenance of her home.

She handed the defendant 109 thousand dirhams, and upon carrying out the maintenance work, it became clear to her that it was poor and in contravention of the specifications and terms of the contract, which incurred many damages, and it became clear to the plaintiff later that the defendant did not own a company, and that he had practiced an activity related to the economic sector without having a license authorizing him to carry out these works. From the competent authorities, and based on that, they opened a criminal complaint against him, and he was brought to criminal trial on charges of engaging in an activity related to the economic sector, and he carried out construction and maintenance work without having an institution licensed to carry out these works from the competent authority, and the District Court ruled guilty of what was attributed to him, and the plaintiff refused He refused to return the sums given to him, and then the plaintiff filed a lawsuit against him before the civil court.

The attorney of the plaintiff, lawyer Ali Al-Abadi, presented documents that include copies of the criminal judgment, an appeal and a certificate of non-appeal against the appeal ruling, demanding that the defendant pay her an amount of 109 thousand dirhams, and a compulsory compensation for the damages suffered by an amount of 100 thousand dirhams.

The defendant’s defense submitted a memorandum that included that the plaintiff had contracted with his client in person, that the works he had carried out were in conformity with the specifications, had no defect and deserved compensation, and that the plaintiff had not caused any damages to her, and he asked the judiciary to reject the case for lack of authenticity and proof, and to oblige the plaintiff to pay fees, expenses and fees. .

The civil court ruled that it had no specific jurisdiction to hear the case, and referred it to the First Instance Commercial Court in Abu Dhabi, which ruled in favor of the plaintiff.

The District Commercial Court of First Instance affirmed in the merits of its judgment that the text of Article (1) of the Evidence Law that “the plaintiff must prove his right, and the defendant has the right to deny it.” Also, Article (872) of the Civil Transactions Law stipulates that the contracting is a contract whereby one of its parties undertakes to make Something or doing an act, in exchange for an exchange transgressed by the other party.

She indicated that it is established that the plaintiff filed the lawsuit before the defendant, because of his breach, that he deluded her that he owns a contracting company, and accordingly the plaintiff entered into a contractor contract with him for the maintenance of her home, and he was convicted by a criminal judgment for the charge of practicing an activity related to the economic sector, without having a licensed institution. To carry out these actions from the competent authority, and the judgment of the appeal supported it, and this court became final by missing the deadlines for appeal according to the established by the Court of Cassation.

The accused carried out maintenance operations contrary to the specifications of the victim's villa.

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