Defendant must return AED56,000 and pay AED5,000 compensation after failing to honour association instalment payments
Al Ain: The Al Ain Court for Civil, Commercial and Administrative Cases has ordered a woman to pay AED61,000 to another woman after failing to pay instalments owed under a number of financial associations in which they participated.
The amount includes AED56,000 representing outstanding association payments and AED5,000 in compensation for damages resulting from the delayed payment.
According to court records, the plaintiff filed a lawsuit seeking the recovery of AED56,000, claiming the defendant had participated in 11 financial associations with varying shares and monthly instalments. The plaintiff said the defendant had received all her payouts from the associations but subsequently failed to continue paying the instalments owed.
The plaintiff also sought AED8,000 in compensation and requested that the court administer a decisive oath to the defendant.
The court agreed to direct the decisive oath to the defendant. However, despite being properly notified, the defendant failed to attend the hearing to take the oath and did not request that it be referred back to the plaintiff.
The court stated that refusal to take a decisive oath results in the fact that is the subject of the oath being considered proven against the refusing party, making further evidence unnecessary.
Based on that principle, the court found in favour of the plaintiff and ruled that the defendant must return the AED56,000.
Regarding compensation, the court determined that the plaintiff had suffered damages as a result of the delayed payments and awarded AED5,000 in compensation.
The court subsequently ordered the defendant to pay a total of AED61,000, in addition to court fees, expenses and AED500 in lawyer’s fees.
Source: Emirates 24|7