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| The claimant said that the defendant bought three iPhones for AED 53,849 under an agreement that required payment in monthly instalments as per a set schedule, with a maximum repayment period of 348 days from the contract date. The image provided is for illustration only. |
Abu Dhabi: The Abu Dhabi Commercial Court of First Instance has ruled
that a man must pay AED48,861 to a woman, which is the remaining amount owed
for three mobile phones purchased through an instalment agreement.
The court also ordered the defendant to pay interest at a rate of 1 per
cent per annum from the date the claim was filed until the debt is fully
settled, with the interest not going beyond the amount of the principal.
According to court records, the woman filed a lawsuit seeking AED48,861,
the balance due under an instalment sale agreement, along with AED6,000 as a
penalty as per the agreement.
She also asked for interest, legal fees, and other expenses.
The claimant explained that the defendant had bought three iPhones for
AED53,849 under an agreement that required monthly payments as per a specific
schedule, with the maximum repayment period being 348 days from the contract
date.
She told the court that the defendant did not fulfill his payment
obligations and only paid part of the amount due, even after repeated requests
for payment, including via WhatsApp messages.
To back her claim, she provided copies of the sale agreement, the
delivery receipt, the instalment schedule, and the WhatsApp messages between
the two parties.
The defendant appeared in court and asked for more time to submit his
response.
Although the request was approved, he did not file a defence afterwards.
In its decision, the court mentioned that the agreement included a penalty clause allowing the claimant to claim AED6,000 if the defendant missed payments for more than 10 days, forcing the claimant to take legal action to recover the money.
From the evidence submitted, the court found that the defendant had paid
AED4,987 out of the total contract value of AED53,849, leaving an outstanding
balance of AED48,861.
It also noted that the agreement stated that all remaining instalments
would become immediately due if there was a payment default.
However, the court rejected the claimant's request for the AED6,000
penalty, considering it not proportional to the actual loss suffered.
The court ruled that the defendant must pay the claimant AED48,861 along
with interest of 1 per cent per annum from the date the lawsuit was filed until
full payment, but no more than the principal amount.
The court also directed that legal costs be shared between the parties,
with the claimant covering 20 per cent and the defendant covering 80 per cent,
while all other claims were dismissed.
