UAE Court orders company to repay a woman DH248,711 for her mistaken transfer
The Commercial Court of First Instance in Abu Dhabi has issued a ruling compelling a company to reimburse a woman the sum of 248,711 dirhams.
The plaintiff had mistakenly transferred this amount to the company's account, and despite friendly requests for its return, the company refused.
The origins of the case trace back to the woman filing a lawsuit against the company, seeking the obligation of payment amounting to 248,711 dirhams, seized without legal justification. The plaintiff also requested legal interest at a rate of 9% from the due date until full repayment. Additionally, she sought compensation for the damages incurred, along with fees, expenses, and attorney's fees. The woman clarified that the transferred amount was a result of an inadvertent error, and despite her amicable requests, the company did not return the funds.
The court, in its ruling, highlighted the findings of the consulting expert's report. It confirmed that the plaintiff mistakenly transferred the sum to the company's account without any established commercial relationship between them. The expert concluded that the plaintiff is entitled to a refund, particularly emphasizing the lack of representation from the defendant despite legal declarations. This lack of representation indicated the absence of a commercial interaction between the two parties.
Consequently, the court determined that the transferred amounts were done in error, and it is unjustifiable for anyone to retain funds without legitimate grounds. The ruling mandated the company to repay the plaintiff the full amount of 248,711 dirhams. Additionally, the defendant is obliged to cover the case expenses and attorney's fees. All other requests made by the defendant were dismissed by the court. This judgment underscores the importance of rectifying unintentional financial errors and upholds the principle that funds acquired in error should be promptly returned.
