A student pays 23 thousand dirhams for "EMSAT" lessons and tests for a "phone shop owner"

A student filed a lawsuit before the Al Ain Court of First Instance, in which he requested that the owner of a phone shop (the defendant) pay him an amount of 23 thousand dirhams, and oblige him to pay fees and expenses, on the basis that the plaintiff (the student) sent the aforementioned amount to the defendant to give him lessons in a test. Emsat" for him and three of his friends, in addition to reserving seats for them for the test, stressing that he transferred the amount to the defendant's account in two installments, the first amounting to 19 thousand dirhams, and the second amounting to 4500 dirhams, but after the defendant received the value of the transfers, he began to delay the implementation of his obligations, and refused to respond The amounts, which prompted the plaintiff to file this lawsuit to judge him with the above requests, and he submitted a copy of the conversation through the “WhatsApp” program and a copy of the communication. 

By presenting the dispute before the case preparation office, the plaintiff was contacted, and the defendant’s attorney (a lawyer) was also contacted. The latter submitted a memorandum explaining the circumstances of the incident, insisting that the defendant owns a phone shop, and about five months ago, a person contacted him and asked him to buy Five phones with a value of 23,500 dirhams, and he was asked for his account number to transfer the value of the phones. Indeed, after the transfer, this person took the phones from the defendant’s place, and the matter ended at this point without the defendant knowing this person, and then he was surprised after several months that the plaintiff filed a complaint against him.

The plaintiff was interrogated about the amounts claimed, and he stated that he communicated with one of the teachers via the “Zoom” visual communication program, and agreed with him that he would give him lessons in the “EMSAT” test for him and three of his friends, in addition to reserving seats for them for the test, and after agreeing on the price he asked. He asked him to transfer the amount to the account of another person (the defendant), after which the teacher disappeared, adding that he did not agree with the defendant, and that the transfer of the amount to the defendant’s account was based on a request from the teacher whose personal data he did not know, and accordingly the supervising judge decided to refer the case Before this court after the completion of its preparation.

The court stated that it was proven that the plaintiff insisted that the bank transfers made to the defendant's account were at the request of one of the people with whom he communicated through the visual communication program, and agreed with him to give him remedial lessons for him and three of his friends to test the "emsats".In addition to reserving seats for them for the test, and it was clear from the above judicial establishment that the defendant, even if he is the beneficiary of the bank transfers that the plaintiff made in his account, these transfers do not simply make the plaintiff a creditor of their value to the defendant, especially since the defendant In his defense, he maintained that the amounts were transferred to his account in return for purchasing five telephones (and attached a copy of the invoice that was not the subject of appeal by the plaintiff), and then the plaintiff's recourse against the defendant was unjust, and the plaintiff had to - if what was true His claim – to refer to the person with whom he agreed and asked him to transfer those amounts to the account of the defendant based on the agreement that took place between them, and then the lawsuit is before the defendant on a non-specific basis, and the case is also the case by rejecting it, and obliging the plaintiff to pay fees and expenses

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