Abu Dhabi court dismisses borrower’s claim for AED554,400 refund, rules AED545,000 still owed on loans

Abu Dhabi: The Abu Dhabi Commercial Court of First Instance has dismissed a lawsuit filed by a man against a bank seeking the return of AED554,400 and a final clearance from two loans, after ruling that he still owed the bank approximately AED545,000.The plaintiff argued that more than AED1.1 million had been deducted from his retirement salary through monthly instalments over several years and claimed he had fully settled his obligations.He requested that the court order the bank to refund AED554,400, issue a final clearance certificate for the two loans and bear legal costs and expenses.According to court documents, the man said he had obtained banking facilities from the bank in 2010 and that AED6,600 had been deducted monthly from his retirement salary since May of that year, amounting to AED79,200 annually.He told the court that when the bank was sold in 2019, an account manager informed him that the debt had been settled. However, deductions from his account continued. After contacting the bank's new management, he was informed that the facilities remained active despite years of repayments.To support his claim, the plaintiff submitted a debt certificate issued by the bank and two cheques worth AED570,000.The bank rejected the claim, arguing that it lacked legal basis and sufficient evidence, and requested that the case be dismissed.In its judgment, the court said a report submitted by an unlicensed accounting consultant relied upon by the plaintiff was not acceptable because it failed to properly calculate contractual interest and did not provide a detailed breakdown of payments made against the banking facilities.The court noted that the report estimated total payments between 2011 and 2026 at AED1.158 million but did not adequately explain how the calculations had been reached or include the agreed interest obligations.By contrast, the bank submitted a report prepared by a registered banking expert, who reviewed the customer's accounts, assessed all repayments made and calculated the interest in accordance with the terms of the agreements.The court found the registered expert's report to be more accurate and reliable, concluding that the plaintiff still owed approximately AED545,000 to the bank.The court subsequently dismissed the case and ordered the plaintiff to pay legal expenses and AED200 in lawyer's fees.