September 29, 2022 SCT - JUDGMENTS AND ORDERS
Claim No: SCT 312/2022
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 OF DIFC COURTS
BEFORE H.E. JUSTICE NASSIR AL NASSER
BETWEEN
LOCHAN
Claimant
and
LAGNI
Defendant
| Hearing : | 23 September 2022 |
|---|---|
| Judgment : | 29 September 2022 |
JUDGMENT OF H.E. JUSTICE NASSIR AL NASSER
UPON a Hearing having been listed before H.E Justice Nassir Al Nasser on 23 September 2022, with the Claimant’s and the Defendant’s representatives in attendance
AND UPON reading the submissions and evidence filed and recorded on the Court file
IT IS HEREBY ORDERED THAT:
1. The Defendant shall pay the Claimant the total sum of AED 10,990.
2. The deposit in the amount of AED 2,000 shall be forfeited in favour of the Claimant.
3. The Defendant shall pay the Claimant the Court fees in the sum of AED 577.85.
Issued by:
Hayley Norton
SCT Judge
Date of Issue: 29 September 2022
At: 11am
THE REASONS
Parties
1. The Claimant is Lochan (the “Claimant”), a company registered and located in Dubai, Lagni Arumugam (the “Defendant”), an individual who registered to attend a course provided by the Claimant.
Background and Procedural History
2. The underlying dispute relates to an alleged outstanding payment of course fees to be paid by the Defendant to the Claimant following the Defendant’s enrollment to a 3 week-long makeup course run by the Claimant (the “Course”). The Defendant confirmed her registration for the Course by way of an undated registration form signed by the Claimant and the Defendant (the “Agreement”).
3. On 24 August 2022, the Claimant filed a claim with the DIFC Courts’ Small Claims Tribunal (the “SCT”) seeking payment of unpaid course fees in the amount of AED 10,990 (the “Course Fees”) and recovery of the court fees borne by the Claimant in filing this claim, bringing the total claimed amount to AED 11,549.51.
4. On 26 August 2022, the Defendant responded to this claim by filing her defence.
5. The parties met for a Consultation with SCT Judge Ayman Saey on 6 September 2022 but were unable to reach a settlement.
6. In line with the rules and procedures of the SCT, this matter was referred to me for determination, pursuant to a hearing held on 23 September 2022, at which the Claimant’s and the Defendant’s representatives were in attendance.
Claim
7. The Claimant submits that the Defendant was required to pay the fees for the Course in full upon commencing the Course. However, following her registration, the Defendant has only paid the sum of AED 2,000.
8. The Claimant submits that the Defendant attended 3 days of the Course and was later requested to refrain from attending any further until payment of the outstanding Course Fees were made. The Defendant sought permission of the Claimant to travel to India for three days, and it is the Claimant’s position that, since that time, the Defendant has failed to make any further payments towards the Course that she registered to attend.
Defence
9. In response, the Defendant submits that upon signing the Agreement, she made an advance payment of AED 2,000 to the Claimant on 1 August 2022.
10. The Defendant submits that she signed a form with her personal details only and at a later point in time, the Claimant amended the form to include the financial details of the Course without seeking approval from the Defendant.
11. The Defendant submits within her defence that she is “ready to return the course material and one make up Kit from Miuft (approx.. 175 USD) value..” [sic].
Discussion
12. Clause 1 of the terms and conditions of the Agreement provides as follows:
“should a student fail to attend a confirmed course or complete the course for reasons other than the unlikely event that the course is cancelled by the Manti for Example, illness, personal problems, pregnancy, change of mind, change of financial positions, failure to obtain a loan etc) no refunds or deposit will be made and no entitlement to an alternative course will be granted”.
13. Clause 3 of the terms and conditions of the Agreement states the below:
“balance of the full course fee should be paid no later than 21 days to the school administration office prior to the commencement date, failure to pay the balance by the due date will result in the deposit being forfeited and no entitlement to enrol on another course on a different date.”
14. Upon review of clause 1 of the terms and conditions of the Agreement, I find that the Defendant confirmed her attendance but failed to make the payment and then decided that she did not wish to continue with the Course. It is clear to me that upon the Defendant signing the Agreement, she confirmed her registration for the Course and had an obligation to pay the full course fees on the start date but she kept delaying until she decided not to pay at all.
15. I find that pursuant to the terms and conditions of the Agreement, the Defendant had an obligation to pay the Course Fees upon the commencement date of the Course and even though the Claimant awarded the Defendant additional time to pay the Course Fees she still failed to do so and decided to not continue with the Course.
16. Therefore, I find that the Defendant has an obligation to pay the Course Fees in the sum of AED 10,990.
17. I also find that, pursuant to clause 3 of the terms and conditions of the Agreement, the Claimant is entitled to forfeit the deposit of AED 2,000.
Conclusion
18. In light of the aforementioned, the Defendant shall pay the Claimant the total sum of AED 10,990.
19. The deposit in the amount of AED 2,000 shall be forfeited in favour of the Claimant.
20. As the Claimant has been successful in its claim, the Defendant shall pay the Claimant the Court fees in the sum of AED 577.85
