UAE man sold his car for export, returned to find Dh8,350 in fines and a bank seizure - and lost the Abu Dhabi court case too

Abu Dhabi: The Abu Dhabi Family, Civil and Administrative Court ruled to dismiss a lawsuit filed by a man against another of his nationality, demanding that he pay traffic fines worth Dh8,350, car instalments, and compensation of Dh5,000. 

The lawsuit was made on the grounds that he was accused of using a vehicle that the man sold to him for the purpose of exporting it to their home country, before he was surprised to find violations recorded in his name and the bank seizing the car and selling it at an auction.

The court based its ruling on the plaintiff's failure to provide evidence proving the defendant's responsibility for the violations or his commitment to paying the instalments.

In detail, a man filed a lawsuit against another of his nationality, demanding payment of Dh8,350 for traffic violations issued by him, Dh10,000 for car instalments, and Dh5,000 as compensation for material and moral damages, and obligating him to pay fees and expenses. 

He indicated that he sold the car in question to the defendant for the purpose of exporting it to their home country and benefiting from the customs exemption granted to the first owner of the car, and issued him a power of attorney authorising him to possess the vehicle. But he did not export it, rather used it within the country, which resulted in the recording of traffic violations that remained pending against him without his knowledge, due to his presence outside the country during that period.

He pointed out that he was surprised upon his return to find the violations, in addition to the bank seizing the car and selling it at a public auction for Dh25,000, out of a total debt of Dh45,000, leaving Dh20,000 due to the bank, because the defendant did not pay the amounts due on the vehicle, which forced him to pay Dh10,000 to the bank, according to the attached payment receipt.

He confirmed that he asked him to pay the value of the violations and the amounts he incurred, but the latter refused to pay and denied his responsibility for them.

In response, the defendant submitted a memorandum requesting the dismissal of the lawsuit, based on its lack of legal basis and the inaccuracy of its contents, and the absence of any relationship between him and the plaintiff, stressing that he did not use the vehicle and did not receive it, and that the claim lacked the necessary legal basis for its acceptance.

For its part, the court explained in its ruling that the plaintiff failed to provide any evidence proving the defendant committed the violations for which compensation was sought or that he fulfilled his obligations regarding the car loan payments. The WhatsApp conversations in question were from the plaintiff to the defendant, and included the latter's denial of the agreement and his connection to the matter. 

Furthermore, the mere issuance of a power of attorney does not establish the obligations claimed by the plaintiff. Therefore, the claim for the amounts and compensation was made without any evidence proving the defendant's liability or any harmful act committed by him.

The court ruled to dismiss the case as it stood and ordered the plaintiff to pay the fees and expenses.