A young man filed a lawsuit before the Abu Dhabi Court of First Instance, demanding that a car seller be obligated to return the amount of 61 thousand dirhams, the value of the car he bought, and oblige him to hand over the car.
In detail, the complainant bought a car from the defendant. It turned out that the odometer had been tampered with and that its reading was incorrect, as the car’s odometer reading indicated that the distance it had traveled was twice the distance. Thus, the defendant had deceived the complainant by selling him the car with a hidden defect.
The court of first instance issued its ruling rejecting the case, attributing the reason to the lack of a real interest of the complainant in the sale, while obligating him to pay fees and expenses. This ruling was not satisfied by the complainant, so he appealed it.
She indicated in his defense memorandum that the ruling ruled to reject the case for lack of interest even though the complainant presented the sales contract, and that he was the one who paid the value of the car through an intermediary, and that the defendant relinquished ownership of the car and transferred the car’s register to his name directly without an intermediary, according to what is established in Title deed.
She explained that what is established in the title deed is that the car was registered in the name of the complainant, which makes it clear to the court that the complainant is the actual purchaser of the car, thus verifying his capacity in the case and his interest in the case.
She pointed out that the inspection report showed that the real distance was twice the distance indicated by the car odometer mentioned in the purchase contract, and there is no doubt that this is a hidden defect because the real distance traveled by the car can only be revealed by specialized bodies and through precise devices that are used to inspect cars. The ordinary person cannot detect it, and the complainant entered into the contract without knowing the actual distance traveled by the car.
Accordingly, the court ruled, accepting the appeal in form and substance, canceling the ruling issued by the court of first instance, ruling to annul the contract to sell the car that is the subject of the case, and returning the contracting parties to the condition they were in at the time of the contract, obligating the defendant to return to the complainant an amount of 61,000 dirhams, the value of the car, and obliging the complainant to return the car to the complainant. on him.