The court obligated the clearing company to refund 5775 dirhams

A young man pays 13,000 dirhams for a "fake visa"

The Abu Dhabi Court for Family and Civil and Administrative Claims ruled to oblige a transaction processing company to pay a young man 5,775 dirhams, which he paid to it to help him obtain a visa to Canada.

The young man had filed a lawsuit against the company, requesting that it pay him an amount of 13,775 dirhams, the legal interest at 12%, and oblige it to pay fees and expenses, noting that the owner of the defendant company assumed an incorrect capacity, claiming that he was engaged in the activity of immigration services and the issuance of visas for European countries. , Which made him contract with him to obtain a work visa in a Western country.

He added that he handed him the required amount, and obtained from him a receipt for part of the amount, 5775 dirhams, while the owner of the company refused to hand him a receipt for the remaining amount, on the pretext that he would pay it in the country to which he will travel as a visa value.

The plaintiff added that the owner of the company evaded after that, and did not return the amount, or implement what was agreed upon.

For its part, the court indicated in the merits of its ruling that the decision according to the Civil Transactions Law is that the creditor must prove his right and the debtor has to deny it, and it is also decided according to the Evidence Law: “The customary document is considered to have been issued by the person who signed it, unless he expressly denies what is attributed to him in writing or Signed,” noting that “what is established from the contract drawn up between the two parties to the lawsuit is that they contracted for the defendant to assist the plaintiff in submitting his application in the immigration program, and the evidence from the receipt issued by the defendant company was that it received from the plaintiff an amount of 5775 dirhams, while no one represented For the defendant, despite its announcement, what the court concludes is the company’s failure to implement what was agreed upon.

The court rejected the plaintiff's request in excess of the amount shown in the receipt, noting that the papers were devoid of any evidence of the validity of what he claims, and he did not request an investigation to prove that he handed over to the defendant more than what was fixed in the receipt, which the court decided to reject the request In his case in this regard, and ruled to obligate the defendant company to return to the plaintiff 5775 dirhams, and obligated it with expenses and fees. 

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