The Abu Dhabi Family, Civil and Administrative Claims Court ruled that a man was obliged to return to two sisters the amount of 36 thousand and 200 dirhams, after he defrauded them and deluded them of his ability to obtain two work visas for two of their relatives located abroad, in his capacity as a company owner, and obtained from them the awarded amount.
In the details, two sisters, of Asian nationality, filed a lawsuit against a man, demanding that he be obliged to return an amount of 36 thousand and 200 dirhams, which he seized in exchange for obtaining two work visas for two relatives, and obligating him to pay the legal interest at the rate of 12%, while obligating him to pay fees, expenses and attorney fees, with the ruling including immediate entry into force, noting that the defendant is of their nationality, and he deluded them of his ability to obtain two work visas. To their relatives, and brought them from abroad to work inside the country, claiming that he was the owner and director of a company, and as a result, an implicit agreement was concluded between them, according to which he received sums of money in separate payments, the total of which amounted to the amount of the claim, in exchange for obtaining visas and entry permits, but after that he refrained from implementing his obligations, and began to procrastinate.
The two plaintiffs indicated that the defendant, in order to further defraud them, sent them via the WhatsApp application pictures of entry permits, which later turned out to be forged and incorrect, which led them to wait additional periods in the belief that the procedures were correct, before they discovered that they had been victims of fraud. When demanding a refund of the amounts received, the defendant acknowledged through WhatsApp conversations that he had received those amounts, and was unable to pay, under the pretext that he was waiting for a transfer of funds from abroad, and he continued to pay. He procrastinated, and also stopped communicating with them or responding to their calls and messages, which caused them serious material and moral damage. They provided pictures of conversations via the WhatsApp program as support for their claim.
During the consideration of the case, the two plaintiffs appeared and explained that the claim amount was given to the defendant, in exchange for two work visas for two relatives of theirs, while the defendant attended and acknowledged the amount of the claimed debt. He also acknowledged that he had received an additional 1,200 dirhams due for food and beverage. He attached his acknowledgment to a pledge that included an offer to pay the amount in installments at 500 dirhams per month until full payment, but the two sisters rejected the offer. Then the defendant expressed his willingness to pay the amount in installments of up to 5,000 dirhams per month, then two payments, but the two plaintiff sisters rejected all offers.
For its part, the court explained in the merits of its ruling that the truth of the two plaintiffs’ lawsuit is directed toward a request to annul the agreement concluded between the two parties and restore the situation to what the agreement was, and therefore, it bases the reasons for its ruling and ruling in light of this legal adaptation of the lawsuit, noting that what is proven from the lawsuit papers is that the defendant acknowledged the amount subject to the agreement, and requested its installments, which is considered an acknowledgment of his concern for it, which necessitates canceling the agreement concluded between the two parties, while obliging the defendant to return the amounts he received. For the two plaintiffs.
The court indicated that the defendant had admitted that he owed an amount of 1,200 dirhams in exchange for food and drink, and the two plaintiffs did not provide anything to support their claim in excess of this amount, or prove the validity of the full amount claimed. The court ruled to oblige the defendant to pay the plaintiffs an amount of 36 thousand and 200 dirhams, oblige him to pay the fees and expenses of the lawsuit, and reject all other requests.
