أسئلة وأجوبة
Can a verbal abuse case be filed after a heated argument over a car rental deposit refund?
Dear Sir/Madam,
I was scammed by a car rental company that has not refunded my deposit for the past month. I believe they are fraudulents.
Today, out of frustration, we had a heated argument on the phone, followed by verbal abuse during the next call. He claimed to have recorded it and said he would file a case.
I want to know what the chances of a case are in this situation and what I should do. They are scammers for sure, but I’m concerned because he said he recorded the call and will raise a verbal abuse complaint.
Hello,
Recording a conversation without consent can also lead to legal consequences. If you are aware that the call is being recorded, the person recording it must typically inform you beforehand.
However, if the company has told you that the call is being recorded and you continued the conversation, it may not be considered a violation of privacy.
If the company is refusing to return your deposit, you can file a complaint with the UAE Consumer Protection Department (under the Ministry of Economy).
For a detailed discussion, kindly share your WhatsApp number.
Dear Questioner,
While it's unfortunate that you've been scammed by a car rental company, it's important to approach the situation calmly and strategically.
Collect all relevant documents, including the rental agreement, payment receipts, and any communication with the company.
If you believe you've been a victim of fraud, consider filing a police report.
While it's concerning that the company representative threatened to file a complaint against you for verbal abuse, it's important to remember that both parties have rights.
If you believe you acted in self-defense or were provoked, you may have a defense against such a claim.
We will discuss the possibilities in detail. Kindly share your WhatsApp number to discuss further.
Thank you for reaching out and sharing the details of your situation!
I understand the frustration you're experiencing due to the delay in refunding your deposit and the subsequent heated exchange.
1. Regarding the Deposit Refund:
In Dubai, disputes over rental deposits can be addressed through the Rental Disputes Center (RDC). They handle such matters and can assist in resolving issues between tenants and rental companies. You can file a complaint online through their portal or the Dubai Land Department (DLD) website.
2. Concerning the Recorded Verbal Exchange:
Under UAE law, verbal abuse, including insults made electronically, is considered a serious offense. The UAE Penal Code and Cybercrime Law impose penalties for defamation and verbal abuse conducted through electronic means.
If the car rental company files a complaint based on the recorded conversation, it could lead to legal proceedings against you.
3. Recommended Actions:
- Seek Legal Counsel: Given the complexities of your case, it's advisable to consult with a legal professional to understand your rights and the best course of action.
- Document All Communications: Keep detailed records of all interactions with the car rental company, including dates, times, and the nature of conversations.
- Avoid Further Confrontations: Refrain from engaging in any further heated exchanges to prevent additional complications.
I am here to assist you in navigating this situation. Please feel free to reach out to me via WhatsApp or phone at [---------] to discuss this matter further and explore how we can work together to resolve it.
Best regards,
Suhail Rana
Dear Questioner,
Thank you for reaching out regarding your issue and the situation involving the verbal abuse and the failure to return your deposit.
1. Car Rental Deposit Dispute
- Legal Action for Deposit Refund:
If the car rental company has not refunded your deposit within a reasonable time and you have fulfilled all terms of the rental agreement, you have the right to take legal action to recover the deposit.
The company is obligated to return the deposit unless there is damage to the vehicle or unpaid fines, in which case they should provide detailed evidence for deductions.
- Actions You Can Take:
You can file a complaint with the UAE's Consumer Protection Department (CPD) or approach the Rental Dispute Centre (RDC) if you are in Dubai.
You may also consider filing a civil case to claim the deposit back. Keep all communication and records related to the deposit, as these will be important in resolving the matter.
2. Verbal Abuse and Recording
- Recording of Calls: In the UAE, it is important to note that recording calls without consent is illegal. The company may have recorded the call, but if they did so without your knowledge or consent, they may be violating the law.
- Verbal Abuse: If you were verbally abused during the call, you can file a police complaint for harassment or verbal abuse. However, the chances of success depend on the nature of the conversation and whether the abuse was recorded or witnessed. If you can provide evidence of the verbal abuse, such as recordings (if you legally recorded the call) or witnesses, this will support your case.
3. Steps to Take
- Gather Evidence: Document all communication with the car rental company, including emails, texts, or messages. If you have any recorded conversations, ensure you are following the law regarding consent for call recordings.
- File a Complaint: You can file a complaint with the Department of Economic Development (DED) or the Consumer Protection Department. If you are in Dubai, the RDC could also help resolve disputes with rental companies.
- Verbal Abuse Complaint: If the company threatens you or uses abusive language, you can file a complaint with the police. It is essential to report the abuse as soon as possible and provide any evidence you may have.
4. Risks of Their Threat
If the company decides to pursue a case for verbal abuse, it would need to be based on credible evidence of your behavior during the call.
However, if you were merely defending yourself or expressing frustration, and the abuse was initiated by the company, this could be used in your defense.
The threat of filing a case is likely an attempt to intimidate you, especially if they have no solid case for verbal abuse. If you have been wronged in terms of the deposit, you have every right to take legal action without fear of this intimidation tactic.
For the deposit dispute, file a formal complaint with the appropriate authorities, such as the Consumer Protection Department or the RDC, and take legal action if needed.
For the verbal abuse claim, if you have been wronged, file a police complaint for harassment or abuse. If you were not the one initiating the abuse, you can also present this during any legal proceedings or complaints.
I recommend seeking legal counsel at [----------] to navigate both the deposit refund and potential verbal abuse claim to ensure your rights are protected and you follow the legal process.
Please let me know if you need further assistance or have additional questions.
Best regards,
Mohammed Salah