Man ordered to return Dh99,000 mistakenly transferred to his account

The Abu Dhabi Court for Family, Civil and Administrative Claims ordered a man to return Dh99,000 to a company owner after retaining money that was mistakenly transferred to his bank account. The court also ordered him to pay Dh20,000 in compensation for material and moral damages suffered by the plaintiff, after the defendant withdrew part of the amount and failed to return it.

The ruling came after it was established that the defendant had been criminally convicted of withdrawing part of the amount and refusing to return it despite repeated requests.

According to court records, the owner of a company filed a lawsuit against a customer, seeking the return of Dh99,000 and Dh30,000 in compensation for material and moral damages. He also requested that the defendant be ordered to pay court fees and expenses.

The plaintiff said he had mistakenly transferred Dh99,000 from his bank account to the defendant's account. The defendant was one of the company's customers, and his account details had been saved in the plaintiff's banking application. After discovering the error, the plaintiff repeatedly requested the return of the money. However, the defendant delayed and refused to return it.

The plaintiff stated that the defendant was later criminally convicted after it was proven that he had withdrawn Dh95,000 of the mistakenly transferred amount in two instalments through an ATM.

In its judgment, the court noted that the defendant had been convicted of unlawfully appropriating the Dh99,000 that the plaintiff had mistakenly transferred. It said the error cited in the criminal case was the same basis on which the civil claim was filed.

The court added that the criminal judgment had established the act forming the common basis of both the criminal and civil cases, as well as its legal description and attribution to the defendant. As a result, the elements of civil liability were deemed established.

Regarding the claim for the return of Dh99,000, the court said the criminal judgment confirmed the disputed act, proving that the defendant remained liable for the amount and was therefore required to return it to the plaintiff.

On the claim for compensation, the court found that the defendant's actions had caused the plaintiff material damage, including loss of profits and deprivation of access to his funds. It also found that the plaintiff had suffered moral damage, including pain, distress and sadness.

Accordingly, the court ordered the defendant to return Dh99,000 and pay Dh20,000 in comprehensive compensation. It also ordered him to pay court fees and expenses and dismissed all other claims.