Abu Dhabi: The Abu Dhabi Family, Civil and Administrative Court ordered two men, jointly and severally, to repay a woman Dh66,773 and compensate her with Dh8,000 for material and moral damages after her savings were taken in a fraudulent scheme involving the impersonation of a bank employee.
The woman filed a lawsuit seeking the return of Dh66,773 and Dh20,000 in compensation for material and moral damages, as well as legal fees and expenses.
She said an unknown person contacted her claiming to be a bank employee and obtained her bank account details and security code under the pretext of updating her information.
A total of Dh59,630 was subsequently transferred to the second defendant’s account, while the first defendant withdrew Dh49,700 in cash from the stolen funds. The remaining amount was deducted for the benefit of an unknown person.
She said investigations showed that both defendants had previous criminal convictions for fraud and had also been convicted in connection with the incident.
The court said a criminal judgment issued in absentia had sentenced the two defendants to two months in prison, with the sentence suspended, and ordered their deportation.
The criminal conviction was based on the misappropriation of Dh66,773 through fraud and impersonation, which led the woman to hand over the money.
The court said the criminal and civil cases shared the same underlying facts. The defendants were liable for the misappropriated amount because they had obtained it unlawfully, as established by the criminal judgment.
It found that the woman was entitled to recover the money, particularly as neither defendant attended the hearings or provided evidence that the amount had been repaid.
The court therefore ruled that her claim for the return of Dh66,773 was legally valid.
Regarding compensation, the court found that the defendants’ actions had caused the woman material damage, including depriving her of the use of her money and any benefits or profits she could have gained from it, as well as expenses incurred in pursuing the case.
It also recognised the moral damage she suffered in the form of psychological distress.
The court ordered the two defendants, jointly and severally, to repay Dh66,773 and pay the woman Dh8,000 in compensation for material and moral damages. They were also ordered to pay the court fees and expenses.
Source: Emirates 24|7