An Arab man has filed a civil suit against a car rental company, alleging fraud to forfeit the insurance deposit he deposited before renting a car. In his lawsuit, he demanded that the company pay Dh10,600, but the Dubai Civil Court dismissed the suit and ordered him to pay the costs.
The plaintiff claimed that he hired a car from the defendant company for a rental of Dh100 per day and Dh1,000 as accident insurance. to the concerned supervisor of the institution.
In a memorandum submitted to the court by the plaintiff, he said that the inspector told him that the vehicle had scratches so that the company could retrieve the vehicle and pay the plaintiff insurance.
He added that he had written a report of the scratches on the car and went to its headquarters to collect it, believing it to be a normal practice, not knowing the intention of grabbing the insurance money. insurance amount, but he was surprised when the company replied that it did not require a report because she had actually repaired the car and deducted 600 dirhams from the insurance amount.
He said he felt there was something fraudulent about deducting the amount, so he asked the company to refund the insurance, but to no avail, despite the fact that there was no damage to the car. Filed a civil case and submitted a copy of the car rental agreement and the receipt of payment of the rental value to the court. Insurance coverage and accident report, as well as conversations between him and the respondent company through WhatsApp application.
For his part, the defendant’s legal agent submitted a reply memorandum in which he requested that the case be dismissed and that the plaintiff be ordered to pay fees and costs. The memorandum included a portfolio of documents which included a copy of the list of violations committed by the plaintiff, the distance traveled by him in the car and a claim invoice for the remaining rent from his use of the car for an additional period.
In turn, the court began to hear the case, according to the Civil Transactions Act, each of the contracting parties must fulfill the obligations required by the contract, and if one of them does not fulfill his obligations, the other contracting party, after warning the debtor, can demand that they be enforced in a way that justifies his right.
According to the documents, the plaintiff rented the car under a rental agreement and the defendant received it after completion, but when he rented the vehicle, an accident report was filed.
According to the contract between them, if the renter is responsible and the car accident occurs, the company deducts 600 dirham from the salary and repair value of the person injured in the accident. Defendant breached its obligations to Plaintiff because there was no evidence in the documents to substantiate positive error. ruled to reject it.
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