Ras Al Khaimah Court obligated him to return one million and 650 thousand dirhams to the plaintiff

The trial of an Asian who failed to buy “Lamborghini”, “Bentley” and “McLaren”

A partial civil court in Ras Al Khaimah obligated an Asian to pay another Asian one million and 650 thousand dirhams, and a legal interest of 6%, the value of three luxury cars (Lamborghini, Bentley and McLaren), he pledged to buy them three days after receiving their value, but he failed to do so.

In detail, an Asian person filed a civil lawsuit, in which he stated that he handed over the defendant an amount of one million and 650 thousand dirhams to purchase three cars, the first "Lamborghini" at a value of 700 thousand dirhams, the second "McLaren" with a value of 550 thousand dirhams, and the third "Bentley" with a value of 400 thousand Dirhams, pursuant to an acknowledgment with the signature of the defendant, who acknowledged receiving the amount paid to him, and pledged to implement the purchase within three days, and in the event of his failure, he is obligated to refund the amount.

He explained that the period for executing the purchase had expired, and the defendant had not fulfilled his promise, demanding that he be obligated to pay him the amounts he paid him, with the legal interest at 12%, and from the date of filing the lawsuit until full payment, and obligating him to pay fees, expenses and attorney fees.

For his part, the defendant stated that he did not owe the plaintiff any amounts, and that the statement attributed to him was incorrect.

In the operative part of the civil court ruling, it was stated that the defendant’s declaration, devoid of any condition, that there is a lurking debt in his interest in favor of the plaintiff, with a value of one million and 650 thousand dirhams, the value of three cars he pledged to buy, and his refusal to return the price he received, despite his explicit commitment By returning the amount to its owner upon the expiry of the period specified for the purchase, it was found to be correct.

And she added that the defendant owes the plaintiff the value of the three cars, and in view of the lack of fulfillment of refunding the full amount or part of it, and after the legal conditions for entitlement are met, the judiciary must compel the defendant to pay the plaintiff one million and 650 thousand, the value of the debt owed.

She explained that the claimed delayed interest is due when the debtor fails to fulfill his obligations, and is considered as compensation for the damage caused to the creditor as a result of the delay in payment, whether this is a civil or commercial obligation, and it is calculated from the judicial claim, if the debt is of known amount and is not subject to judicial assessment.

She added that if the judiciary has the authority to assess compensation, the interest is accrued only from the date the judgment becomes final in the amount decided upon. From the date of filing the lawsuit, with obligating him to pay fees, expenses and attorney fees.

• The court concluded that the plaintiff has the right to repay his debt, and obligated the defendant to pay the delayed interest at the rate of 6% annually.

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