Hidden defects, the owner of a vehicle incurred 10,000 dirhams in compensation

The Al Ain Court of Appeal upheld a ruling by the Court of First Instance, which decided to annul the car sale contract, and oblige the seller to refund its price, which amounted to 28,450 dirhams, to the buyer, while obligating him to pay 10,000 dirhams in compensation for the material and moral damages incurred.

In the details, a young man filed a lawsuit against another, demanding that he pay him 43 thousand and 65 dirhams, and obligated him to pay 15 thousand dirhams in compensation, indicating that he had bought a car from the defendant for 28 thousand and 450 dirhams, and as soon as he received it he was surprised that there were hidden defects that required repair at 10 thousand and 615 dirhams, so he contacted the defendant to terminate the contract, but he refused.

While the defendant submitted an answer memorandum in which he denied selling the car, and insisted that he sold the vehicle to another person, indicating that the alleged defects do not affect the value of the car, and pleaded not to accept the case, to file it against an unqualified person, and without a capacity.

While the report of the engineering expert commissioned by the court showed the presence of a number of defects, including the engine stopping twice while driving the car, the presence of traces of disassembly and installation on the gear bolts, the hand brake does not work, the steering wheel is unbalanced, oil leakage, in addition to the presence of tampering with the odometer, and these defects It does not appear until after the car has been used or thoroughly examined, and it has been proven to experience that the plaintiff incurred 5615 dirhams in order to repair the car, in addition to its price, bringing the total to 34 thousand and 65 dirhams. Obliging him to return the amount he received from the price to the plaintiff in the amount of 28 thousand and 450 dirhams, in addition to the amount of 10 thousand dirhams in compensation for the material and moral damages incurred. This judiciary was not accepted by the defendant, so he appealed it, and argued that the lawsuit was not accepted, because it was filed by an unqualified person, and against an unqualified one.

And the court stated in the merits of the ruling that it was clear from the report of the assigned expert that the plaintiff agreed with the defendant through the application of “WhatsApp” to buy the car, and they agreed that the plaintiff’s friend would communicate with the defendant to complete the purchase process, because the first was outside the country, and after his arrival He received the car, and the court upheld the appealed ruling.

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