Skip to Content

Janie Commercial Bank (Pjsc) v Jindas [2019] SCT 066

Janie Commercial Bank (Pjsc) v Jindas [2019] SCT 066

March 7, 2019

image_pdfimage_print

Claim No. SCT 066/2019 

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 NASSIR AL NASSER

BETWEEN

 

JANIE COMMERCIAL BANK (PJSC)

Claimant

and

 

JINDAS

Defendant

 

Hearing:6 March 2019

Judgment: 7 March 2019


 JUDGMENT OF SCT JUDGE NASSIR AL NASSER


UPON the Claim Form being filed on 1 February 2019;

AND UPON the Defendant filing an Acknowledgment of Service Form intending to defend all of this claim;

AND UPON the parties being called for a Consultation with SCT Judge Hayley Norton on 17 February 2019, and the parties failing to reach a settlement;

AND UPON a Hearing having been held before SCT Judge Nassir Al Nasser on 6 March 2019, with the Claimant’s representative, Mr. Jug, and the Defendant attending in person;

AND UPON reviewing the documents and evidence submitted in the Court file;

IT IS HEREBY ORDERED THAT:

1.The Defendant shall pay the Claimant the amount of AED 155,145.93 in respect of the loan plus interest at the rate of 9% from the date this judgment is entered.

2. The Defendant shall pay the Claimant the Court filing fee in the amount of AED 7,757.29.

 

Issued by:

Hayley Norton

SCT Judge

Date of issue: 7 March 2019

At: 3pm

 

THE REASONS

Parties

1.The Claimant is Janie Commercial Bank (PJSC), a bank providing financial services including credit cards and personal loans to customers (the “Claimant”).

2. The Defendant is Jindas, a Philippines National (the “Defendant”).

Background

3. The parties entered into a written agreement on 26 April 2017, entitled ‘Janie Application Form Simply Life Personal Loan’ (the “Agreement”). Under the terms of the Agreement, the Claimant received a personal loan on 14 May 2017 for the amount of AED 170,000 (the “Loan”), at a profit rate of 10.99% per annum to be repaid in 48 monthly instalments, in which the maturity date will be on 25 June 2021.

4. Following the Defendant’s failure to keep up with her repayments, the Claimant filed a claim to recover the amounts on 10 February 2019 (the “Claim”).

5. The parties met for a Consultation with SCT Judge Hayley Norton but were unable to reach a settlement.

6. A hearing was held before SCT Judge Nassir Al Nasser on 6 March 2019, with the Claimant’s representative, Mr. Jug and the Defendant attending in person

Discussion

7. In its written submissions and in the Hearing, the Claimant relied on the terms of the Agreement which set out for an AED 170,000 loan at the profit rate of 10.99% per annum to be made to the Claimant by the Defendant, which was to be repaid in 48 monthly instalments.

8. The Defendant paid 8 instalments in the sum of AED 35,592, following which the Defendant failed to repay the loan from 31 October 2018.

9. The Claimant confirmed that it sought repayment of the total sum of AED 155,145.93 which consists of the outstanding amounts of the loan.

10. At the hearing, the Defendant admitted the sum of AED 155,145.93 claimed by the Claimant but argued that she is only able to repay in monthly instalments of AED 2,000 per month, which the Claimant rejected.

11. The Claimant has also claimed post Judgment interest and the Court fees.

12. Pursuant to Practice Direction No. 4 of 2017 dated 20 November 2017, the Claimant is entitled to 9% interest from the date the Judgment is entered, at the rate of 9% or such other rate as the judge may prescribe.

Conclusion

13. In light of the aforementioned, I find that the Defendant is liable to pay the Claimant the sum of AED 155,145.93 plus 9% interest from the date the Judgment is entered.

14. The Defendant shall pay the Claimant the Court filing fee in the amount of AED 7,757.29.

Issued by:

Hayley Norton

SCT Judge

Date of issue: 7 March 2019

At: 3pm

X

Privacy Policy

The Dubai International Financial Centre and all its affiliates are committed to preserve the confidentiality, integrity and availability of client data and personal information.

Dubai International Financial Centre and all its affiliates employees, vendors, contract workers, shall follow Information Security Management System in all the processes and technology.

  1. DIFC Courts's Top Management is committed to secure information of all our interested parties.
  2. Information security controls the policies, processes, and measures that are implemented by DIFC Courts in order to mitigate risks to an acceptable level, and to maximize opportunities in order to achieve its information security objectives.
  3. DIFC Courts and all its affiliates shall adopt a systematic approach to risk assessment and risk treatment.
  4. DIFC Courts is committed to provide information security awareness among team members and evaluate the competency of all its employees.
  5. DIFC Courts and all its affiliates shall protect personal information held by them in all its form.
  6. DIFC Courts and all its affiliates shall comply with all regulatory, legal and contractual requirements.
  7. DIFC Courts and all its affiliates shall provide a comprehensive Business Continuity Plan encompassing the locations within the scope of the ISMS.
  8. Information shall be made available to authorised persons as and when required.
  9. DIFC Courts’s Top Management is committed towards continual improvement in information security in all our processes through regular review of our information security management system.
X

Disclaimer

The content of the DIFC Courts website is provided for information purposes only and should be disregarded when making decisions on inheritance and any other matters. Whilst every reasonable effort is made to make the information and commentary accurate and up to date, the DIFC Courts makes no warranties or representations to you as to the accuracy, authenticity or completeness of the content on this website, which is subject to change at any time without notice. The information and commentary does not, and is not intended to, constitute legal advice by the DIFC Courts or any person employed or connected with it or formerly so employed or connected, to any person on any matter, be it in relation to inheritance, succession planning or otherwise. You are strongly advised to obtain specific, personal advice from a suitably qualified lawyer in relation to your personal circumstances and your objectives. The DIFC Courts does not assume any liability and shall not be liable to you for any damages, including but not limited to, direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this website, its administration and any content or lack thereof found on it. The information on this web site is not to be displayed except in full screen format. Although care has been taken to provide links to suitable material from this site, no guarantee can be given about the suitability, completeness or accuracy of any of the material that this site may be linked to or other material on the internet. The DIFC Courts cannot accept any responsibility for the content of material that may be encountered therein.