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The judge also said the owner of the car failed to prove the damage caused to him by the defendant
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A motorist in Al Ain has sued a garage owner alleging he used poor-quality paint on his expensive car, but his lawsuit has been dismissed for lack of evidence.
The Arab man demanded that the garage owner repaint his car and hand it over to him in perfect condition and in its original colour. The motorist also demanded that the defendant pay him Dh25,000 as compensation for moral and material damages.
The man said he paid Dh5,000 to the garage owner and they agreed that he would have his vehicle painted within 25 days. He said the car had some scratches and dents and took it to the garage to have it repainted.
He said the defendant breached the agreement because he used inferior paint that marred the original color of his car.
The defendant filed a memorandum with the court in which he argued that the case could not be heard as the commercial court had previously given a judgment in the same case.
The defendant explained that he had repaired the vehicle and delivered it to the plaintiff, who had used it for two months. The driver then returned the vehicle to the garage, claiming the paint did not match its original color, he said.
The garage owner said he had repainted the car with fresh paint that the plaintiff had brought, but he refused to take the car, emphasizing that it was poorly painted and its appearance had changed.
After hearings by all parties, the Al Ain Civil Court dismissed the case on the grounds that the plaintiff had filed the same compensation claim in the previous lawsuit.
The judge also said the driver had failed to prove the damage caused to him by the accused. The motorist will also pay the garage owner’s legal fees.
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