(MENAFN- Khaleej Times)
Published: Thu 8 Aug 2024, 3:54 PM
Last updated: Thu 8 Aug 2024, 8:47 PM
The Abu Dhabi Family, Civil, and Administrative Claims Court has ordered an Asian woman to pay a man Dh118,600 in compensation. This is for stealing a phone SIM card he owned after she left her job, and making calls that accumulated charges equivalent to the awarded amount, as reported by Arabic daily Emarat Al Youm on Thursday.
The court found the defendant criminally liable for stealing the man's phone and using his SIM card without his knowledge for up to four years, resulting in charges totalling Dh118,600 after she left his employment.
The plaintiff requested that the defendant be ordered to pay the mentioned amount and any additional charges that may arise on the phone number and to address the relevant company to confirm the defendant's possession and use of the SIM card. The plaintiff also wanted to hold the defendant liable for expenses, fees, and attorney's costs.
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Despite being sent a link to participate, the defendant did not attend the hearing. It was confirmed that she was notified via text message, yet she chose not to appear.
The court's ruling was based on the Law of Evidence in Civil and Commercial Transactions. This law states that a criminal judgement has binding authority in civil claims before civil courts whenever it necessarily resolves the occurrence of the act, forming the common basis between the criminal and civil cases, as well as the legal description of this act and its attribution to the perpetrator.
The court pointed out that the final criminal judgement concluded with the defendant's conviction for stealing the mobile phone and SIM card, which were handed over to her during her employment but were retained by her after her employment ended, leading to substantial charges accumulating on the SIM card. The court acknowledged the material damage (loss of income and misappropriation of funds) and the moral damage (sorrow and regret) inflicted on the plaintiff. The defendant was convicted of the charges against her, fined Dh30,000, and ordered to pay attorney's fees and court costs, with the civil claim being referred to the competent civil court.
However, the court rejected the plaintiff's request to hold the defendant liable for any future charges and fees on the phone number, as the plaintiff did not provide any evidence that the defendant still possessed the SIM card or that he had not cancelled or withdrawn it.
In 2023, the Telecommunications and Digital Government Regulatory Authority (TDRA) urged the public to report any loss or theft of a mobile phone immediately. The authority explained that upon notification, the service provider will block the phone's wireless connection after obtaining the customer's approval, preventing the phone from connecting to any wireless network within the UAE.
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