Court Orders Compensation to Victim of Online Fraud in UAE
Two individuals held accountable for defrauding a woman through a fraudulent WhatsApp scheme.
A civil and commercial court in Al Ain has ordered two men to return a total of 100,000 dirhams to a woman from whom they unlawfully obtained funds through deceitful means.
The court also mandated that the defendants pay the woman an additional 30,000 dirhams for the psychological and material damages she suffered.
The case arose when the woman filed a lawsuit against an Asian man and another individual, claiming they should jointly repay her the sum of 100,000 dirhams along with legal interest set at 6% per year from the date of filing until full settlement, as well as the aforementioned compensation for damages incurred, in addition to court fees and legal costs.
In her claim, the woman stated that the first defendant impersonated a government official in a communication over WhatsApp, requesting her to transfer a nominal amount of five dirhams to complete a complaint process.
Under the pretext of urgency, this led her to transfer the larger sum through a link provided by the impersonator, resulting in the reported loss of the 100,000 dirhams.
The transferred amount was subsequently deposited into the account of the second defendant under circumstances that suggested its illicit origin.
Criminal charges were filed against both individuals, and upon the woman's demands for the restitution of her funds, they refused to comply without any legal justification.
The first defendant submitted a response to the lawsuit, ultimately requesting its dismissal while simultaneously calling for the appointment of a banking expert.
The court clarified that, as per existing laws of evidence, it is the plaintiff's responsibility to prove their claims, while the defendants can refute them.
The court noted that the plaintiff had established that the defendants had not returned the 100,000 dirhams to date.
Regarding the request for compensation, the court upheld that under the applicable civil transaction laws, any harm caused to others mandates liability for damages, even if the perpetrator is not fully responsible.
The court found the defendants' misconduct evident, leading to both material and psychological harm for the plaintiff, characterized by her inability to access the funds taken from her and emotional distress caused by their actions.
The court acknowledged the causal link between the wrongdoing and the harm suffered, concluding that the defendants are legally obligated to compensate her for these damages.
The court also mandated that the defendants pay the woman an additional 30,000 dirhams for the psychological and material damages she suffered.
The case arose when the woman filed a lawsuit against an Asian man and another individual, claiming they should jointly repay her the sum of 100,000 dirhams along with legal interest set at 6% per year from the date of filing until full settlement, as well as the aforementioned compensation for damages incurred, in addition to court fees and legal costs.
In her claim, the woman stated that the first defendant impersonated a government official in a communication over WhatsApp, requesting her to transfer a nominal amount of five dirhams to complete a complaint process.
Under the pretext of urgency, this led her to transfer the larger sum through a link provided by the impersonator, resulting in the reported loss of the 100,000 dirhams.
The transferred amount was subsequently deposited into the account of the second defendant under circumstances that suggested its illicit origin.
Criminal charges were filed against both individuals, and upon the woman's demands for the restitution of her funds, they refused to comply without any legal justification.
The first defendant submitted a response to the lawsuit, ultimately requesting its dismissal while simultaneously calling for the appointment of a banking expert.
The court clarified that, as per existing laws of evidence, it is the plaintiff's responsibility to prove their claims, while the defendants can refute them.
The court noted that the plaintiff had established that the defendants had not returned the 100,000 dirhams to date.
Regarding the request for compensation, the court upheld that under the applicable civil transaction laws, any harm caused to others mandates liability for damages, even if the perpetrator is not fully responsible.
The court found the defendants' misconduct evident, leading to both material and psychological harm for the plaintiff, characterized by her inability to access the funds taken from her and emotional distress caused by their actions.
The court acknowledged the causal link between the wrongdoing and the harm suffered, concluding that the defendants are legally obligated to compensate her for these damages.
Translation:
Translated by AI
