Federal Supreme Council overturned a ruling that ordered him to pay compensation

A businessman demands a refund of 3.7 million dirhams seized by his assistant

A businessman was fraudulently robbed of 3.7 million dirhams, after his business manager betrayed him and colluded with others in his theft, and after the Court of Appeal ruled to compel the defendants to return the sums, and to oblige the defendants and the defendant company to jointly pay 200,000 dirhams in compensation, the court ruled Federal Supreme Court of the ruling.

In the details, a businessman filed a lawsuit requesting the ruling to compel those accused of solidarity to pay him 3.7 million dirhams, with 200 thousand dirhams as compensation.

He said that «a businessman, with several companies and accounts in banks, and when he traveled outside the country, he informed the banks that he deals with about this, and provided them with his personal phone number so that they could communicate with him. He also signed several transfer authorizations, and left them with his business manager for use when needed. And transferring what he might need of money, but when he was abroad, he was surprised that the service was cut off from his mobile phone, and upon his return he learned that there had been a change in the chip according to a request submitted in his name, and it was found that the company employee changed the number with the help of his business manager and a third accused, and a criminal case was filed In it, it was decided to punish the accused with imprisonment and a fine for the crime of forgery and mediation in bribery, as well as to punish other accused in absentia for the same accusation.

He added in his lawsuit that, based on that ruling, bank employees have been proven to be involved in the illegal transfer of funds, for neglecting to verify the truth of the process, notifying the plaintiff who owns the account, as well as proving the responsibility of the company whose employee changed the phone chip in an illegal manner, demanding to bind them together. By jointly paying the sums mentioned in detail in the case list.

The Court of Appeal ruled to compel three defendants in solidarity to pay the plaintiff an amount of 3.7 million dirhams, and to oblige six defendants, as well as the defendant company, to jointly pay 200,000 dirhams in compensation to the appellant.

The defendant company appealed the ruling, explaining that the judgment violated the law, and it was wrong in its application, in terms of its judgment to oblige it in solidarity with the rest of the convicted persons to pay the adjudged amount, on a document that the defendant (the employee accused of changing the bracket) followed her, and was convicted in the criminal case about The two counts of accepting bribery and forging an electronic document, without showing, and assuming evidence of dependency, the causal link between the act attributed to the subordinate and the alleged damage, as the reason for the plaintiff’s money seizure was the act of the defendant’s manager of his business, with his collusion with the accused.

She added that the transfer operations were carried out directly through the bank employee, and not through telephone banking operations, and the replaced chip was not used in the transfer process, nor in an attempt to inform the account holder about the transaction, and thus the causal relationship between the harmful act and the occurrence of the damage is eliminated, and it is a prerequisite for downloading its follower. As a consequence of the value of the compensation awarded.

The Federal Supreme Court upheld the appeal, affirming that one of the conditions for tort liability is that the harmful act leads to the damage sought for compensation, and its direct or productive cause.

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