The Al Ain Civil, Commercial and Administrative Court has ordered a man to repay Dh24,800 to a woman after she mistakenly transferred the amount to his bank account and he refused to return it, instead proposing to settle the sum in instalments.
The court also directed the defendant to pay Dh3,000 in compensation for the material and moral damages suffered by the claimant.
Court records showed that the woman filed the case after realizing she had accidentally transferred the money to the man’s account. She said she immediately contacted him to request the return of the funds, but he refused and unlawfully retained the amount, prompting her to seek legal action.
A prior criminal judgment had already established the offense of unlawful appropriation against the defendant. In his defense, the man asked the court to limit any ruling to the repayment of the original amount, reject the compensation claim, and allow repayment in instalments. He also claimed he acted in good faith and attempted an amicable settlement, which he said the woman did not pursue.
In its ruling, the court said the final criminal judgment had conclusively determined the facts common to both the criminal and civil cases, including the legal characterization of the act and the defendant’s liability. As such, the civil court was bound by the criminal ruling and could not revisit the facts, obliging the defendant to return the money.
On the issue of compensation, the court cited the Civil Transactions Law, which provides that compensation is due once fault, damage, and causation are established.
It found that the defendant’s unlawful retention of the funds constituted a proven fault that caused material damage, including recovery costs and loss of benefit, as well as moral damage in the form of anxiety and distress.
The court ordered the defendant to repay Dh24,800, pay Dh3,000 in compensation, and shoulder all court fees and expenses, while rejecting all other claims.
