The Abu Dhabi Family, Civil, and Administrative Claims Court has mandated an Asian woman to compensate a man with Dh118,600 for pilfering his phone SIM card post her resignation and incurring calls that amounted to the same sum, as per an Arabic daily report on Thursday.
The court deemed the defendant culpable for the theft of the man's phone and unauthorized usage of his SIM card over a span of four years, culminating in charges of Dh118,600 after her departure from his service. The plaintiff sought the defendant's obligation to remit the stated sum along with any subsequent charges on the phone number, and requested verification from the pertinent company regarding the defendant's possession and utilization of the SIM card. Additionally, the plaintiff sought to hold the defendant accountable for expenses, fees, and legal costs.
Despite receiving an invitation to join, the defendant abstained from attending the hearing. It was ascertained that she was informed via text message, yet she elected not to attend. The court's decision was grounded in the Law of Evidence in Civil and Commercial Transactions, which stipulates that a criminal verdict holds sway in civil claims before civil courts when it necessarily determines the occurrence of the act, forming the common ground between the criminal and civil cases, as well as the legal characterization of this act and its attribution to the perpetrator.
The court highlighted that the conclusive criminal verdict affirmed the defendant's guilt for stealing the mobile phone and SIM card, which were entrusted to her during her tenure but were withheld by her post her employment, resulting in significant charges on the SIM card. The court recognized the material damage (loss of income and misappropriation of funds) and the moral damage (sorrow and regret) inflicted on the plaintiff. The defendant was found guilty, fined Dh30,000, and ordered to cover attorney's fees and court costs, with the civil claim being directed to the competent civil court.
However, the court dismissed the plaintiff's plea to hold the defendant responsible for any forthcoming charges and fees on the phone number, as the plaintiff failed to furnish any proof that the defendant still held the SIM card or that he had not terminated or reclaimed it. In 2023, the Telecommunications and Digital Government Regulatory Authority (TDRA) encouraged the public to promptly report any loss or theft of a mobile phone. The authority elucidated that upon notification, the service provider will disable the phone's wireless connection after securing the customer's consent, thereby preventing the phone from accessing any wireless network within the UAE.
