The court decided to pay 15 thousand dirhams in compensation to the owner of the phone

A maintenance shop exchanges a customer's phone for another

A young man who handed his phone to a phone repair center was surprised by handing him another phone of the same type and model, and his phone was scattered, which lost his data and photos.

The Al Ain Court of First Instance obligated the defendant to pay the plaintiff an amount of 15,000 dirhams in compensation for the waste of his phone.

In the details, a young man filed a lawsuit against the owner of a phone maintenance center, requesting that he pay him an amount of 40,000 dirhams, in addition to fees and expenses, noting that he handed him the iPhone 11 Pro Max for the purpose of repair.

Upon receiving the phone, he discovered that it was not the phone he had put in for repair, and that its serial number was different from the phone number he had given to the defendant.

The defendant submitted a reply memorandum containing a cross-claim, at the conclusion of which he requested the rejection of the original lawsuit, with the obligation of the plaintiff to pay fees and expenses, and in exchange for attorneys’ fees, and to oblige the original plaintiff (the cross-defendant) to return the phone or its equivalent value, in the amount of 4450 dirhams, with fees and expenses and a consideration Lawyers’ fees in the original and opposite lawsuits, based on the fact that he did not return the phone that he received from him.

In the rationale for its ruling, the court indicated that according to the Civil Transactions Law, every harm to others obliges the doer, even if he is not distinguished, to guarantee the damage, noting that the evidence from the papers and documents is the conviction of the defendant for the charge of dissipating the mobile phone owned by the plaintiff.

And this act, from which the criminal case was filed, was the same on which the plaintiff relied in his current civil action, and then that judiciary had made a necessary chapter in the occurrence of the act constituting the common basis between the criminal and civil suits, and in the legal description of this act and its attribution to the doer

Regarding the request for compensation, the court indicated that every harm to others obliges the doer, even if he is not distinguished, to guarantee, and the guarantee is estimated in all cases to the extent of the damage incurred by the injured person, and the loss of earnings, provided that this is a natural result of the harmful act, pointing out that the mistake The defendant is stable, and has resulted in harm to the plaintiff in terms of material damages, depriving him of his private phone, and moral damages as a result of dissipating the phone.

There was a causal relationship between the error and the damage, and the defendant was legally obligated to compensate the plaintiff for the damage.

The court rejected the counterclaim, noting that according to the Civil Procedures Law, the defendant has the right to submit from the interlocutory requests what is indivisible related to the original claim, noting that there is no connection between the counterclaim and the requests in it and the subject matter of the original case, and the subject matter of the case differs. each from the other.

The court ruled on the subject matter of the original case, obligating the defendant to pay the plaintiff an amount of 15,000 dirhams, and in the opposite case, it was not accepted, and obligated the plaintiff to pay the expenses.

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