9,000 dirhams in compensation for a woman who lost her dress in a “laundromat”

A woman residing in Dubai bought a dress from one of the upscale stores in a famous mall worth 9,000 dirhams, then sent it to a store specializing in cleaning and ironing, but she did not receive it despite the passage of about two years.

The owner of the dress filed a lawsuit before the Civil Court in Dubai in which she requested that the defendant shop be obligated to deliver the dress deposited with it in the condition it was in before delivery, and in reserve to pay compensation in the amount of 9,000 dirhams, with legal interest from the date of the claim until payment, and obligate the defendant to pay the fees and expenses and in return for fees. Law firm.

She said in her statement of claim that she bought the dress in August 2022 from a well-known store in a large shopping center, and in November of the same year she sent it with other clothes to the defendant store, for the purpose of cleaning and ironing it.

She added that it was agreed between the two parties that she would receive the dress after only two days, but she did not receive it at the agreed upon time, and she addressed the store repeatedly, but her request was rejected, so she filed the lawsuit and provided support for her claim, which is a scanned copy of the invoice for purchasing the dress, and a copy of the receipt for its delivery to the plaintiff. attic.

The case was discussed in sessions before the Case Management Office, and then it was decided to refer it to the court, which reviewed the papers and decided to reserve them for judgment, and considered it in his presence in light of the defendant’s announcement of the case and his absence.

The court submitted its ruling that it is legally stipulated in Article 1 of the Evidence Law that the plaintiff must prove the right he claims, and the defendant has the right to deny it. The same law also stipulates that a customary document is considered to have been issued by the one who signed it and is evidence against it, unless he explicitly denies what is said. It is attributed to him through a handwriting, signature, seal, or fingerprint, or his successor denies it or denies knowledge of it.

She explained that it is judicially established that the delayed interest claimed is due when the debtor is negligent in fulfilling his obligation, and is considered compensation for the damage suffered by the creditor as a result of delay in fulfillment, whether the obligation is civil or commercial, and therefore this interest differs in its nature and subject from the compensation claimed. As a result of the defendant’s mistake, a contractual or negligent error that resulted in harm to the plaintiff, including the liability requiring compensation to the extent of the harm the plaintiff suffered, pointing out that judicial custom has settled on calculating the delay interest at 9% annually starting from the date of the judicial claim if the debt is The amount is known and is not subject to the judge’s discretion. However, if he has authority in his assessment, the interest is only due from the date on which the judgment for the adjudicated amount becomes final.

She pointed out that what was proven by the court from reviewing the documents and papers of the case was that the defendant received from the plaintiff the dress in question, worth 9,000 dirhams, and did not return it to her after cleaning it. He also did not appear before the court to file the case with any defense or defense, and he did not appeal the claim. The signature on the dress receipt, and then the court orders him to hand over to the plaintiff the dress deposited with him in the condition it was in before receiving it. If that is impossible, he must compensate the plaintiff with the value of the dress 9,000 dirhams, with a legal interest of 5% from the date of the claim until full payment, since the amount The amount is known and is not subject to the judge’s discretion.

The court obligated the defendant to pay fees, expenses, and attorney fees.