A girl mistakenly transfers 9,200 dirhams to a young man's account

A (Gulf) girl transferred 9,200 dirhams from her bank account to the account of a young man (Arab) by mistake, and demanded that he return the amount, but he refused. Ras al-Khaimah obligated the young man to pay 9,200 dirhams to the girl and obliged him to pay the fees and expenses.

In detail, the case papers stated that the girl mistakenly transferred 9,200 dirhams from her bank account to the defendant’s account and contacted him to return her money, but he refused. From the Public Prosecution, proving that he did not appeal against the penal order in any way, in addition to an account statement proving the transfer of the amount to the defendant’s account.

In the utterance of a partial civil court ruling, it was stated that the defendant was found guilty according to a criminal order by fining him 5,000 dirhams in absentia, and she continued that with the issuance of the criminal order it becomes clear that the civil rights claim does not prevent the judge from issuing the criminal order and the civil rights plaintiff has the right to resort to the competent court to claim his rights and what he does not have The penal order is deemed conclusive before the civil court, even if the penal order is final.

She added that she concludes that the penal order, unlike the penal verdict, has no authority that the civil courts are bound by, even if it is final. Nevertheless, the court considers, and within the framework of its discretion, to examine the availability of the error on the part of the defendant and the extent to which it is proven that the defendant received an amount of 9,200 dirhams that was transferred. to his bank account by mistake from the plaintiff.

She indicated that, with reference to the investigations of the Public Prosecution, it is clear that the defendant admitted in the investigations that he had received the amount and expressed his willingness to return it to the plaintiff, but he did not return the amount, citing the difficulty of his financial circumstances, and accordingly the court considers that the plaintiff transferred the money to the defendant’s account by mistake and has the right to demand its return. As long as the defendant kept the amount and refused to return it, this is considered as taking the money of others unjustly and without a legitimate reason, and accordingly the court obliges the defendant to pay the amount to the plaintiff along with the fees and expenses.

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