The Al Ain Court of First Instance ruled obliging a young man to pay 38,800 dirhams to a girl, the rest of a loan worth 75,000 dirhams, which she took from the bank for him, provided that he undertakes to pay the installments, but he stopped paying.
In the details, a girl filed a lawsuit against a young man, demanding that he pay her 80 thousand and 300 dirhams and the legal interest at 5% annually on the amount adjudged from the date of filing the lawsuit until the actual payment, while obligating him to pay her compensation in the amount of 15 thousand dirhams for material and moral damages. I followed her with obligating him to pay fees and expenses and in exchange for legal fees, explaining that she had a friendship with the young man and he received 75 thousand dirhams from her as an advance and issued a trust receipt to her in order to guarantee her rights, provided that he pays monthly installments of 1800 dirhams for a period of four years, of which he paid 36 thousand and 200 dirhams and 38 thousand remain in his debt. And 800 dirhams of the value of the installments.
She added that the young man had borrowed several amounts from her according to bank transfers amounting to 41,500 dirhams, and then the total amount owed to him was 80,300 dirhams, which the defendant did not comply with, despite repeated friendly claims.
During the hearing of the case, the young man submitted a memorandum in which he insisted that the case not be accepted to file it prematurely, because the receipt on which the plaintiff relied included an agreement to pay 80,300 dirhams over four years ending in 2023, and the agreed period has not expired yet, while the plaintiff submitted a memorandum in which she insisted on the defendant’s inaction. For the implementation of his obligation to pay the installments on time, which caused damage to her, represented in her bearing the costs of paying the installments due in return for the advances she obtained for the defendant, through deduction from her salary.
The court stated in the merits of the ruling that it is established from reviewing the bank statement submitted by the plaintiff that the defendant has failed to implement his obligations to pay the installments on time, which allows the plaintiff to claim the full value of the debt, which determines the right of the plaintiff to demand payment of the remaining amount of the receipt subject of the case, amounting to 38 thousand and 800 Dirham, and the plaintiff must respond to her request.
Regarding the plaintiff’s claim to the defendant for the value of bank transfers amounting to 41,500 dirhams and delivered to him by way of a loan, as it claimed, the court indicated that the basic principle in the bank transfer is that a debt owed by the person ordering the transfer is paid to the beneficiary of the order, and that this transfer is not suitable for proving Indebtedness and did not provide evidence that it had transferred those amounts in favor of the defendant, and was unable to prove its claim in this aspect.
The court ruled obliging the defendant to pay 38,800 dirhams to the plaintiff, while compelling him to compensate the plaintiff with 5,000 dirhams, as stated in the reasons, and required him to match this amount of fees and expenses, and rejected other requests.
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