He asked the plaintiff to delay the complaint until he was found

An embezzler claims he lost money on public transportation

The Court affirmed that the defendant was wrong.

Emirates today

A man received from the last amount of 9,000 dirhams to deposit it in his bank account, but he claimed that the amount was lost in public transportation, while the Abu Dhabi Court for Family and Civil and Administrative Claims ordered him to return the amount, and to pay the plaintiff 2,000 dirhams in compensation for material and moral damages.

The details of the case refer to the fact that a man of Asian nationality filed a lawsuit against another, requesting that he be obligated to pay him an amount of 9,000 dirhams, and oblige him to pay material and moral compensation in the amount of 7,000 dirhams, and interest at the rate of 12%, in addition to obligating him to pay fees and expenses with the inclusion of the judgment with expedited enforcement, indicating The defendant handed over the amount of the claim to be deposited in his account, but he embezzled it and did not return it to him.

During the consideration of the case, the defendant attended in person, and decided that he had received the amount from the plaintiff as a matter of trust, to deposit it in his account, and then the amount was lost from him while he was on a public transport bus that was carrying him, and he also lost his identity and other sums of his own, totaling 11,000 dirhams, indicating He quickly reported this to the police, and asked the prosecutor to wait until the missing amounts were found, but the latter did not agree to wait.

The defendant demanded to reject the plaintiff’s request for compensation in the amount of 7000 dirhams, because the latter does not deserve it, because the damage is absent, and because he does not procrastinate in returning it, and it is not the first time that they have been dealt with, and he had previously received from the plaintiff sums to be deposited in his account, but the money was lost from him This time while on the bus.

And the plaintiff decided, in response to the defendant's words, that he handed him the amount at eight in the morning and learned about the loss of the amount in the evening of the same day after calling the defendant, and asking him about the reason for his delay, as he told him that the amount was lost from him, and he did not tell him of his own accord, but told him about it after receiving a call From him, indicating that he and his family need the money in an emergency, and that the failure to recover it led to damage to the family, which requires compensation and interest.

For its part, the court indicated, in the merits of its ruling, that the judicial acknowledgment is an argument against the headquarters, and it is not accepted from him to retract it, noting that the defendant acknowledged receiving the amount of 9,000 dirhams from the plaintiff, and that he did not return it to him, which proves to the court the validity of what the plaintiff claims.

Regarding the request for material compensation, 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,” pointing to the fact that the defendant was wrong, and that error caused the plaintiff material damage represented in depriving him of benefiting from the amount in question. , as well as inflicting moral damage on him, represented in the grief and sorrow that befell him, with which the court considers that the compensation of the plaintiff for the material and moral damages incurred by him due to the defendant’s mistake is sufficient in the amount of 2000 dirhams.

The court ordered the defendant to pay the plaintiff 11,000 dirhams.

• The “court” affirmed that the judicial acknowledgment is an argument against the seat, and it is not acceptable for him to retract it.

• The plaintiff became aware of the loss of the amount after contacting the defendant, and asking him about the reason for his delay.

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