2024-01-23 22:31:35
A girl fell victim to a fraud committed by a person of Asian nationality in cooperation with others, by seizing 30,300 dirhams from her under the pretext of investing it in a rewards program company. Later, it became clear to her that she had been deceived, so she resorted to the judiciary, where a Ras Al Khaimah Civil Court of First Instance obligated her to… She will be paid 45 thousand dirhams, the value of her seized funds, in addition to compensation for material and moral damages.
In detail, the Public Prosecution in Ras Al Khaimah reported that the defendant and others participated, by agreement and assistance, in seizing the victim’s (plaintiff)’s money worth 30,300 dirhams, using fraudulent methods by falsely deceiving her into investing her money in a rewards program company, which would have deceived her. He forced her to hand over the money, so they illegally seized it for themselves.
The plaintiff explained in the lawsuit that she transferred 15,300 dirhams to the defendant, and she also completed the rest of the amount and transferred 15,000 dirhams the second time, and they agreed that the profits would be 30%, and she pointed out that the defendant seized her money, and it turned out that he had fraud cases. Others, which caused her a lot of material and moral damage.
She demanded that the defendant be obligated to pay her compensation in the amount of 20 thousand dirhams, for the material damages he caused to her, including moving to the court, litigation expenses, and the disruption of her work, and moral damages as a result of her grief over the loss of her money, and obliging him to return the amount he seized, while the defendant said before the court that He did not receive the plaintiff’s money, and he asked to dismiss the lawsuit.
The civil court of first instance explained in its ruling that the criminal court convicted the defendant, and therefore the civil court cannot violate the criminal ruling, and must abide by it, in what was decided in a necessary chapter, and the common basis between the criminal and civil lawsuits was that the ruling was decided finally and conclusively. In the occurrence of the act represented by the defendant’s participation in seizing the plaintiff’s money.
She added that the court refrains from re-examining the case and addressing it, taking the pretext of the criminal ruling.
She pointed out that the act that constituted the crime was committed by the defendant, and it caused harm to the plaintiff by depriving her of her money and seizing it, in addition to delaying her benefit from her money, and the expenses she incurred in terms of litigation and transportation expenses, and wasting her time in reporting and following up on the cases, and all of this is considered harm, as she was bereaved. Undoubtedly, moral damage as a result of the crime, represented by her feeling of grief and psychological pain over the loss of her money, and the court estimates compensation for all damages, including the value of the seized money. The court estimates compensation for material and moral damages at a value of 14 thousand and 700 dirhams, in addition to the seized money at a value of 30. One thousand and 300 dirhams, and the court ruled that the defendant must pay the plaintiff 45 thousand dirhams, and also obligated him to pay the fees and expenses of the lawsuit and attorney’s fees.
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