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A motorist in Al Ain who sued a garage owner accusing him of using bad paint on his expensive car has had his lawsuit dismissed due to lack of evidence.
The Arab man had demanded that the garage owner must repaint his car and hand it over to him while in good condition with its original colour. The motorist also demanded that the defendant pays him Dh25,000 in compensation for the moral and material damages.
The man said he paid Dh5,000 to the garage owner, and they agreed that he would finish painting his vehicle within 25 days. He said the car had some scratches and dents and took it to the garage for repainting.
He said the defendant breached the agreement because he used bad paint, which damaged his car's original colour.
The defendant had submitted to the court a memorandum in which he argued that the case could not be heard because a commercial court had previously issued a judgement over the same case.
The defendant explained that he had handed over the vehicle to the plaintiff after its repair, who used it for a period of two months. He said the motorist then returned the vehicle to the garage claiming that the paint didn't match the original colour.
The garage owner said he repainted the car using the new paint brought by the plaintiff, but he refused to receive the car stressing that he poorly painted it and changed its appearance.
After hearing from all parties, the Al Ain civil court dismissed the case on the grounds that the plaintiff had demanded the same request for compensation in the previous lawsuit.
The judge said also the motorist did not prove the damage caused to him by the defendant. The motorist will also pay for the garage owner's legal expenses.
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