Obligating a maintenance center to pay 17 thousand dirhams in compensation to the vehicle owner

The Al Ain Court of First Instance ruled to oblige the owner of a car maintenance center to pay the owner of a vehicle an amount of 17 thousand dirhams as compensation for the damage to the vehicle’s engine, after he failed to repair it twice, as a result of his violation of professional principles and technical procedures.

In detail, a vehicle owner filed a lawsuit against a car maintenance center, in which he demanded that he be obliged to pay him an amount of 16 thousand and 200 dirhams, the total amounts delivered to him, to repair the car, in addition to 2,000 dirhams, in compensation for the damages he sustained, while obliging him to pay fees and expenses. In exchange for legal fees, he indicated that he deposited his vehicle with the defendant, for the purpose of repairing it, and paid the agreed upon amount, the value of the vehicle’s engine, in addition to five thousand dirhams, the value of spare parts for the vehicle. The defendant also handed over the fee to repair the vehicle, but he did not pay To repair the car, he provided support for his claim with a copy of the repair invoice and copies of the transfers.

For his part, the defendant submitted a reply memorandum, in which he argued that the plaintiff received the vehicle and traveled with it, which indicates that he received the vehicle intact, in addition to the fact that the warranty period is four days, and that the plaintiff contacted the center after a month, demanding a refund of the amount, in addition to Receipts of financial transfers, in the names of other people, and a request to dismiss the case.

While the report of the technical expert assigned by the court showed that the vehicle, the subject of the lawsuit, and in its current technical condition, is broken down and cannot be driven on the road and benefited from, as a result of the defendant’s violation of professional principles and technical procedures, while carrying out the work assigned to him by the plaintiff, which caused damage. Damage to the vehicle that is the subject of the lawsuit, and the expert estimated the market value of the cost of repairing these damages, with a total amount of 14 thousand dirhams, including spare parts and labor wages.

For its part, the court explained in the merits of its ruling that what is clear from the expert report is that the damage to the vehicle’s engine, the subject of the lawsuit, was due to the defendant’s failure to repair the plaintiff’s vehicle’s engine failure two times in a row, and that the technical condition of the vehicle is related to the work assigned by the plaintiff. The defendant, and the market value of the cost of repairing the damage to the vehicle, the subject of the lawsuit, as a result of the technical violations committed by the defendant was estimated at 14 thousand dirhams. The court indicated that the technical expert’s report became evidence to prove the fault on the defendant’s part, and this resulted in damage to the plaintiff, represented by the value of repairing the technical violations, in addition to other material damages, represented by the loss of use of the vehicle, and moral damages represented by the loss of the use of the vehicle. Pain and heartbreak, and there is a causal relationship between the error and the damage, so the defendant is responsible for compensating the plaintiff for the material and moral damages he suffered.

The court ruled to oblige the defendant to pay the plaintiff 17 thousand dirhams, and obligated him to pay the fees and expenses of the lawsuit.