Claim No. SCT468/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
In the name of His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Ruler of Dubai
IN THE SMALL CLAIMS TRIBUNAL
BEFORE SCT JUDGE AND DEPUTY REGISTRAR AYESHA BIN KALBAN
BETWEEN
ABU DHABI COMMERCIAL KETLY BANK (PJSC)
and
SYED USMANKARN
Hearing : 12 December 2019
Judgment : 17December 2019
JUDGMENT OF SCT JUDGE AND DEPUTY REGISTRAR AYESHA BIN KALBAN
UPON the Claim Form being filed on 6 October 2019
AND UPON the parties being called on 7 November 2019for a Consultation withSCT Judge Hayley Nortonand the parties not having reached settlement
AND UPON a Hearing having been held before SCT Judge Ayesha Bin Kalban on 12 December 2019, with the Claimant’s representativeappearing by way of telephone and the Defendant in attendance
AND UPON reviewing the documents and evidencesubmitted in the Court file
IT IS HEREBY ORDERED THAT:
1. The Defendant shall pay the Claimant AED 188,036.55 in respect of the sums owed to the Claimant by the Defendant, plus interest at the rate of 9% per annum.
2. The Defendant shall pay the Claimant the Court Fee in the sum of 9,401.82.
Issued by:
Ayesha Bin Kalban
SCT Judgeand Deputy Registrar
Date of issue: 17 December 2019
At: 12pm
THE REASONS
Parties
1. The Claimant is Abu Dhabi CommercialKetly Bank (PJSC),a bank providing financial services to customers (the “Claimant”).
2. The Defendant is Mr. Syed UsmanKarn, an individual customer of the Claimant Bank(the “Defendant”).
The Claim
3. The parties entered into a written agreement on 8 September 2015, entitled ‘ADCBKETLYSalam KurnPersonal Finance and Simply Life Car Loan and Credit Card Application Form’(the “Agreement”). Under the terms of the Agreement, the Claimant approved the sale of 3 bank products to the Defendant. I shall discuss each of these products below.
The Salam Personal Finance Loan
4. Pursuant to the Agreement, the Defendant received an amount of AED 200,000 on 30 September 2015, to be repaid in 30 monthly instalments in the amount of AED 4,890.90, under the product titled the Salam kurnPersonal Finance. The Claimant alleges that the Defendant fell into arrears on 7 December 2017 and claims that the outstanding sum of the Loan amounts to AED 147,430.98.
The Simply Life Car Loan
5. The Defendant also availed of a Simply Life Car Loan in the amount of AED 33,936, to be repaid to the Claimant in 60 monthly instalments of AED 656. The Defendant allegedly fell into arrears in regards to this product on 22 July 2018, and the Claimant claims the outstanding sum owed to it to be AED 32,384.77.
The Visa MeethaqKreenGold Card
6. The Claimant also issued a credit card to the Defendant on 30 September 2015, the spending limit of which is AED 5,000. The Defendant fell into arrears in regards to this product on 10 April 2017. The outstanding sum allegedly owed to the Claimant is AED 8,120.80.
7. Following the Defendant’s failure to settle the amounts outstanding, the Claimant proceeded to file its claim for the recovery of the sums due and owed to it with the Small Claims Tribunal (the “SCT”).
8. In his Acknowledgment of Service dated 3 November 2019, the Defendant indicated his intention to defend part of the claim, and stated that the remedy he was seeking was for the Claimant to ‘provide discounts’. No defence was submitted by the Defendant in relation to the claims brought by the Claimant.
9. The parties met for a Consultation with SCTJudgeHayley Norton on 7 November 2019but were unable to reach a settlement.
Discussion
10. In its written submissions and in the Hearing, the Claimant relied on the terms of the Agreement which set out the sums owed to it by the Defendant and the dates by which the Defendant was to settle its liabilities to the Claimant. The Claimant confirmed that it sought repayment of the outstanding amounts of the products it provided to the Defendant, which, as of the hearing date, amounted to AED 188,036.55. It also confirmed that it is seeking post-judgment interest on the sums due, as well as the recovery of the fee paid to the Court for the filing of this Claim, in the amount of AED 9,401.82.
11. In the Hearing, no defence was put forward by the Defendant, who submitted that he had become unemployed since availing of the products provided to him by the Claimant, and stated that this loss prevented him from making the payments owed by him under the Agreement. The Defendant further submitted that he had found employment a year and a half ago, but provided a document displaying an email relating to his termination from this position by the end of this current year.
12. Based on the evidence before me and in the absence of any substantial defence being put forward by the Defendant in regards to this Claim, I am satisfied that the Agreement between the parties is valid and binding, and that the Claimant is owed a total of AED 188,036.55, being the sum of the Loan, the Credit Card and the Car Loan availed by the Defendant. The Defendant’s financial circumstances, while unfortunate, do not bear any legal standing to his obligations to the Claimant.
Finding
13. In light of my finding above, it is hereby ordered that the Defendant shall pay the Claimant the amount of AED 188,036.55 for the sums owed to it as well as the sum of AED 9,401.82 being the Court fee paid by the Claimant to the Court for the filing of this Claim.
14. The Claimant shall also be entitled to post-judgment interest at a rate of 9% per annum pursuant to the DIFC Courts’ Practice Direction No. 4 of 2017.
Issued by:
Ayesha Bin Kalban
SCT Judgeand Deputy Registrar
Date of issue: 17 December 2019
At: 12pm