Abu Dhabi Court Orders Repayment of AED311,360 in Car Import Fraud Case
Court ruling on repayment
The Abu Dhabi Family, Civil and Administrative Court has ordered a man to return AED311,360 to a young victim after finding him guilty of deceiving the buyer into paying for a vehicle that was never imported.
Details of the fraud
The plaintiff said he had agreed with the defendant to import a car with special specifications from abroad and had paid the agreed amount. The defendant failed to fulfil the agreement and, when a refund was requested, allegedly sent a fabricated transfer notice to mislead the plaintiff.
The matter resulted in a criminal conviction against the defendant for fraudulently obtaining Canadian dollars 114,734 from the plaintiff. The criminal court fined the defendant AED300,000 and ordered him to pay AED51,000 in temporary compensation to the victim.
Legal basis and compensation
The civil court cited the Civil Transactions Law, which requires anyone who unlawfully takes possession of another’s property to return it in its original condition or, if the property has been consumed, damaged or lost, to pay its equivalent value plus any associated benefits and gains.
The court noted that the criminal judgment had already established the defendant’s liability for the amount equivalent to AED311,360, based on the exchange rate in January 2023 when the transaction took place. No evidence was provided by the defendant showing repayment or refund, and he failed to attend hearings despite being duly notified.
The plaintiff had originally claimed AED316,471 plus late‑payment interest at 9 % per year from the date the lawsuit was filed, AED50,000 for material damages, and fees, expenses and attorney fees. The court found the request for repayment of AED311,360 to be legally sound, while rejecting additional claims for which no supporting evidence was submitted.
Outcome and orders
Considering the loss of potential profit and benefit over nearly five years and the plaintiff’s deprivation of the opportunity to invest the money or buy another vehicle, the court awarded supplementary compensation of AED4,000 for material damages.
This brings the total compensation, including the AED51,000 temporary compensation already awarded in the criminal case, to AED55,000. The court therefore ordered the defendant to return AED311,360, pay the supplementary AED4,000, and cover the fees and expenses of the case.
