Dubai: An employee sues the company owner over a “credit card”

Abdallah Shahin - | UAE

An employee of a corporation sued the owner and four officials, alleging exploitation and unauthorized spending of 49,500 dirhams with a credit card obtained under duress. They confessed to him about the incident and reimbursed 13,500 dirhams of the withdrawn sum, but they declined. Regarding settling the remaining debt of 35,900 dirhams.

The Dubai Civil Court examined the case, appointed an expert to review the papers and documents, and then determined that three defendants, including the company owner, must pay the specified amount plus legal interest due to the delay.

According to the court's confirmation, the plaintiff registered a newspaper at the Center for Amicable Settlement of Disputes, seeking a payment of 35,900 dirhams from the defendants along with a 9% legal interest from the date of the claim until full payment.

In his statement of claim, he alleged that he is employed by the defendants who coerced him into acquiring a credit card under false pretenses. Despite being assured that the transaction would not be completed, he was taken aback when the card was obtained and used to spend 49,500 dirhams.

Upon being confronted, they admitted their responsibility to repay 13,600 dirhams and had already done so. However, they declined to pay the remaining debt of 35,900 dirhams. This led to the individual filing a lawsuit, which was escalated to the judiciary after failed attempts to resolve the matter peacefully.

The fifth defendant acted as a representative for the second and third defendants. They collectively agreed to represent the company where the plaintiff was employed as a waiter. The company was facing issues, prompting its owners to request the transfer of funds to a credit card under the plaintiff's name to protect his interests. The company owner signed a declaration acknowledging his responsibility for the card.

The court reviewed the requests and appointed an expert to analyze the case. The expert's report confirmed that the third defendant was fully aware of and accepted the responsibility to pay the installments on the plaintiff's credit card. The defendant had made payments totaling 13,600 dirhams to cover the card balance. Hence, he must pay the outstanding installments of 35,900 dirhams.

The expert clarified that the credit card was issued with the plaintiff employee's knowledge and approval, but it was also used by another individual with the plaintiff's knowledge and approval.

The plaintiff, as the bank's customer and card owner, is obligated to the card-issuing bank for any transactions made unless informed otherwise, despite negotiations for installment payments. The plaintiff was not informed of any missing information.

After reviewing the opponents' comments in the lawsuit, the expert found an attached declaration from the company owner stating that he is responsible for paying the outstanding balance on the card. According to his declaration, an amount of 35,900 dirhams needs to be paid.

The court determined that the plaintiff failed to establish the liability of the first and fourth defendants for any outstanding debts, leading to the dismissal of his claim against them.

The report from the assigned expert confirmed that the plaintiff's credit card was used by individuals affiliated with the plaintiff who are employees of the fifth defendant. The second defendant was found in possession of the card, and the third defendant made deposits into it. This suggests that all three are responsible for the withdrawn funds. As a result, the court ordered them to pay the plaintiff 35,900 dirhams.

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Abdallah Shahin
Abdallah Shahin
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