Civil court cites deception and unlawful retention of funds

Dubai: A man who lost Dh73,000 in a fraudulent watch deal has filed a case against two brothers, with a civil court ordering them to repay the amount after ruling that the money had been obtained through deception.
The Al Ain Court for Civil, Commercial and Administrative Claims ruled that the two defendants must jointly repay Dh73,000 to the claimant after the first defendant convinced him he could secure a luxury watch at a price lower than the market value, Emarat Al Youm reported.
According to court records, the claimant contacted the first defendant regarding the purchase of a watch advertised for sale, and the two agreed on the terms of the transaction. Acting on the agreement, the man transferred Dh73,000 to a bank account specified by the defendant, which was later found to belong to the second defendant, the seller’s brother.
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The claimant later discovered that he had been the victim of fraud and filed a lawsuit demanding the return of the amount, along with Dh27,000 in compensation for damages, in addition to court fees and legal expenses.
The court noted that the first defendant had previously been convicted in a criminal case and fined Dh80,000 for fraud related to the incident. The second defendant acknowledged that the money had been transferred to his bank account at the request of his brother.
The first defendant did not attend the hearing despite being legally notified.
In its ruling, the court said the criminal judgment confirmed that the first defendant had unlawfully obtained the claimant’s money after misleading him by claiming he could provide the watch at a lower price and supporting his claim with images before requesting the transfer to his brother’s account.
The second defendant confirmed during the hearing that the bank account belonged to him and that the transfer had been made at his brother’s request. However, he did not provide proof that the funds had been returned or transferred elsewhere, nor did he demonstrate a legitimate reason for retaining the amount.
Citing provisions of the UAE Civil Transactions Law, the court said no person may take another’s property without lawful cause and that anyone who receives money without legal justification must return it.
The court ordered the two defendants jointly to repay Dh73,000, while requiring the first defendant alone to pay Dh20,000 in compensation for the material and moral damages suffered by the claimant, in addition to court costs. Other claims filed by the claimant were dismissed.