A broker defrauds a young man and seizes 22 thousand dirhams

A broker took advantage of the desire of a young man to rent an apartment and deluded him that he had the right to rent it and issued a forged lease contract for him, and seized from him 22,000 dirhams.

The details of the case relate to a young man filing a lawsuit against a broker, in which he demanded that he be obligated to pay him an amount of 22,000 dirhams, and the legal interest is 12% from the date of filing the lawsuit until full payment of 5 thousand dirhams, with obligating the defendant to pay fees, expenses and attorney fees, noting that The defendant defrauded him and deceived him that he was an investor and had an apartment for rent, and obtained from him an amount of 22,000 dirhams as a rent advance.

For its part, the court made it clear, in the merits of its ruling, that according to the Civil Transactions Law, no one is justified to take another person’s money without a legitimate reason. If he takes it, he must return it, noting that what is clear from the lawsuit papers, the attached contract and the penal ruling attached to the papers is that the defendant received from the plaintiff. An amount of 22,000 dirhams on the occasion of a lease contract that was not completed and the defendant did not appear despite his announcement to pay any payment or defense. Thus, the court proves to it the defendant’s mistake in taking this amount from the plaintiff and not executing the contract concluded between them.

Regarding the 12% interest request, at the rate of 5,000 dirhams, the court indicated that this request is in fact a request for compensation, and according to the Civil Transactions Law, every harm to others obliges the perpetrator, even if he is not distinguished, to guarantee the damage, pointing out that the defendant’s mistake is the reason for the damages to the plaintiff, which makes The elements of liability of error, damage and a causal relationship have been met by the defendant, which resulted in material damages represented in the defendant taking an amount of 22,000 dirhams from the plaintiff and depriving him of benefiting from this amount and failure to fulfill what was contracted in addition to the moral damages that he sustained.

The court considered that compensating the plaintiff for all the material and moral damages he sustained in this regard due to the defendant’s mistake was sufficient in the amount of 3,000 dirhams.

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