2023-07-04 22:05:49
The Abu Dhabi Commercial Court – First Instance ruled that a girl must pay 34,324 dirhams to a car rental company, the value of renting a car in the amount of 250 dirhams per day, and refrain from returning it, and keep it in her possession for a period of 143 days.
In the details, a car rental company filed a lawsuit against a girl, in which she demanded that she be obligated to pay the company 34 thousand and 909 dirhams, and the legal interest of 12% from the date the lawsuit was filed, and oblige her to pay fees, expenses, and attorney fees.
The company stated that the defendant rented a car from her for a daily wage of 250 dirhams, and the car remained in her possession for a period of 143 days, with a total amount of 35 thousand and 750 dirhams, in addition to the value added tax of 5%, noting that the defendant committed violations during the rental period at a value of 585 dirhams, In addition to the amount of 787 dirhams for the “winch” and car reservation fees, so that the total amount was 38 thousand and 909 dirhams, of which 4000 dirhams were paid.
For her part, the defendant submitted a response memorandum with documents, in which she confirmed that she rented the car, the subject of the lawsuit, from the plaintiff company from the date of April 30, 2022 for a period of one week, and that during the rental period, her friend’s brother asked her to use the car for personal interests, so she gave it to him, and told him to return the car. To the owner of the office, and after a month of receiving the car, an accident occurred with the car while it was in his possession, and she requested the entry of the person who was in control of the car so that the plaintiff would be compensated with the amount that she was claiming.
In turn, the court rejected, in the rationale for its ruling, the application for entry, noting that the defendant did not indicate the identity of the person requested to be entered, and contented itself with saying that he was the brother of her friend. An aspect that proves its effect on the object of the contract, and it entails the commitment of each of them to what he owes to the other.
The court added that it is proven from the documents submitted by the plaintiff, which the defendant did not deny, that the latter rented the car, according to the lease contract dated May 30, 2022, at a rent of 250 dirhams, and returned it after 143 days, so the rental fee would be 35 thousand and 750 dirhams, to which the value of Added tax, and what the plaintiff incurred in towing the car, bringing the total to 38,324 dirhams, pointing out that the defendant paid 4,000 dirhams to the plaintiff.
The court ruled obliging the defendant to pay the plaintiff 34 thousand and 324 dirhams, and interest on the amount at the rate of 3% annually until full payment, not exceeding this amount, and obliging the defendant to pay the expenses.
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