أسئلة وأجوبة
I paid for complimentary gifts I was offered with an Umrah package but denied later. What can I do?
I seek your legal advice regarding a dispute with a company over deceptive practices and breaches of commitments.
I was invited to collect complimentary gifts (movie voucher, hotel stay, dhow cruise, smartwatch) after attending a 30-minute session.
During the session, Mr. [---] offered an Umrah package, including visas, 4-star stays with breakfast, and transfers for my family, plus 3-star stays for five relatives.
Under pressure, I paid AED 9,000. However, the written agreement differed from the oral promises. When questioned, Mr. [----] assured me of an email reflecting the verbal commitments, but it matched the written terms.
Upon follow-up, Mr. [----] denied the commitments, and the manager dismissed the issue.
I reluctantly proceeded with the services but was later informed only a 6-night facility could be availed annually. I feel misled and overcharged for services not delivered as promised.
Could you guide me on legal action to seek a refund or compensation?
Under UAE laws, you can file a legal case against the company for breach of commitments and consumer deception.
According to the UAE Consumer Protection Law, you have the right to seek a refund or compensation if the company makes false promises or fails to deliver as agreed.
We recommend providing any available evidence, such as advertisements or communications, to support your claims.
Reach out to us, and we will assist you with preparing the case and handling the necessary legal procedures.
Dear Questioner,
Thank you for reaching out with your inquiry.
Based on the situation you've described, it seems that you may have valid grounds for pursuing legal action under UAE law. Here's a breakdown of the key elements of your case and the possible legal options:
1. Deceptive Practices and Misrepresentation:
The core issue you seem to be facing is misrepresentation and deceptive practices on the part of the company (or the sales representative, Mr. [----]).
Misrepresentation occurs when one party makes false or misleading statements that induce the other party to enter into a contract.
In your case, the verbal promises (such as the Umrah package with the 4-star hotel stays, transfers, and the 3-star stays for relatives) were not reflected in the written agreement, which could be considered a breach of trust and a deceptive practice.
Under UAE law, specifically the UAE Commercial Transactions Law (Federal Law No. 18 of 1993), any form of misleading advertising or deceptive practices is prohibited. This includes oral representations that are not backed up by written agreements or documents.
2. Breach of Contract:
The difference between what was promised orally and what was written in the agreement constitutes a breach of contract. The written contract is what ultimately governs the terms of the agreement, but if the written terms contradict the verbal promises and you can prove that these were part of the inducement to enter the agreement, this may form the basis of your claim.
Additionally, the manager's dismissal of the issue when you raised the concern about the discrepancy further strengthens your claim of breach of trust and failure to uphold contractual commitments.
3. Legal Actions You Can Take:
You have several potential legal avenues to pursue:
Consumer Protection Complaint:
You can file a complaint with the UAE Consumer Protection Department (part of the UAE Ministry of Economy) as the company’s practices may fall under the category of deceptive advertising and misleading sales tactics.
The UAE has strict consumer protection laws that prohibit deceptive advertising and the sale of services under false pretenses. If the company misrepresented the services offered, you may be entitled to a refund or compensation.
Civil Lawsuit for Breach of Contract:
You can also pursue a civil lawsuit for breach of contract. You would need to demonstrate that:
There was an agreement (written or oral).
There was a clear difference between the agreement’s written terms and the oral promises made by Mr. Arun.
The services provided did not meet the agreed-upon terms.
If the court finds that the company breached its contract with you, it may order a refund of the AED 9,000 or even award compensation for damages (such as overcharging or for any losses you incurred due to the misleading practices).
Unfair Trading and Deceptive Practices:
If there is evidence that the sales representative misled you into entering into the contract under false pretenses, you may also have grounds to claim under the UAE Penal Code (Federal Law No. 3 of 1987). The law prohibits fraudulent practices and false representations in commercial transactions.
4. Steps to Take:
Gather Evidence: The first step would be to collect all available evidence, including:
The written contract that reflects the terms of the agreement.
Any email correspondence where Mr. Arun promised to match the oral commitments with the written terms.
Witness statements if you had any family members or others present during the meeting or who were involved in your purchase decision.
Proof of payment (e.g., receipts, bank statements) to show that you paid the AED 9,000.
Advertising materials (if any) that were part of the initial offer.
Formal Complaint: You can file a complaint with the UAE Consumer Protection Department, detailing how the company misled you and failed to deliver the services as promised.
Seek Legal Counsel: It is advisable to consult with a lawyer specializing in consumer protection law and contract law to review the evidence and help you prepare the legal documents for a potential lawsuit or claim.
A lawyer can guide you through the steps of filing a civil lawsuit for breach of contract or deceptive practices and advise on the best course of action to recover your payment or seek compensation.
5. Possible Outcomes:
If your claim is successful, you may be entitled to a refund for the AED 9,000 you paid or compensation for the overcharging or the discrepancy between what was promised and what was delivered.
If the case is filed with the Consumer Protection Department, they may mediate with the company to reach a settlement or even impose penalties on the business for engaging in deceptive practices.
In summary, you have strong grounds to pursue legal action, either through a consumer protection complaint or a civil lawsuit for breach of contract and misrepresentation.
The steps you should take include gathering evidence, filing a complaint with the relevant authorities.
Let me know if you need any further assistance in drafting a complaint or pursuing the legal process.
Best regards,
Mohammed Salah
Legal Consultant
Dear Client,
Thanks for your question! I hope you are doing well. I will assist you in this matter.
You have a strong basis for legal action against West Avenue for deceptive practices and breach of commitments.
I recommend filing a formal complaint with the UAE Consumer Protection Department and gathering all relevant evidence, including your written agreement and communications with Mr. [----].
Consulting a lawyer specializing in consumer rights can help you navigate the legal process effectively. If you need assistance with drafting legal documents or representation, our services are available to support you in seeking a refund or compensation.
Don’t hesitate to reach out for professional guidance tailored to your situation.
Thanks & Regards,
ABDUL WAHIED
