Court holds the online seller personally liable for the debt
The Abu Dhabi Commercial Court has ordered the owner of an online store to repay Dh48,000 to a woman who purchased a luxury handbag but never received it.
The buyer filed a lawsuit demanding the refund of the full amount she had transferred via bank payment, along with 12 per cent annual interest and an additional Dh5,000 in compensation for financial and emotional distress. She also sought to recover legal costs and attorney’s fees.
According to court documents, the woman had contacted the store owner through WhatsApp to purchase a handbag valued at Dh48,000. After transferring the amount to the owner’s bank account, the seller neither delivered the item nor returned the money and subsequently evaded all communication.
The plaintiff presented evidence including a copy of the defendant’s commercial licence, bank transfer records, and WhatsApp correspondence confirming the transaction.
In its ruling, the court said the documents clearly demonstrated that a commercial relationship had been established between the two parties. The bank transfer receipt showed that the amount had been paid to the account of a sole proprietorship owned by the defendant.
The court further noted that such businesses do not have separate legal personalities from their owners, meaning the owner is personally liable for the firm’s obligations and debts.
Despite being duly notified, the defendant failed to appear in court or provide any evidence proving delivery of the handbag or repayment of the amount owed.
The court ordered the store owner to pay the plaintiff Dh48,000 plus 3 per cent annual interest from the date the lawsuit was filed until full payment is made, not exceeding the principal amount. She was also ordered to bear all court fees and expenses, while the request for additional compensation was rejected.
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