Questions & Answers
Civil claim for breach of agreement and defamation counterclaim
Dear Madam,
I am from Oman. I made an agreement with a UAE based company for migration purpose. If they failed the process they should have refunded my advance amount.
But they are stating different reasons now. it's already 2 months over.
Two days before I saw on a website (pissed customer) similar reasons posted by somebody. I also commented there and the same person who talked to me happened same with him also.
Now, this company is telling me I am defaming the company so they will not refund the amount. Also, they will take this to legal (Dubai cybercrime law article 20).
I didn't mention any lie. I just said the same person was dealing with me also, took my money and not responding now. That's it.
Please give an answer whether they can make a complaint against me or not?
Your answer will be highly appreciated.
For taking the amount and not doing the task you have a civil claim, but for publishing content on the internet, even if it is the truth, it's a criminal case. It cannot be set off.
You have to decide if you file a civil claim, will it be worth the cost that you may incur?
You can also complain to the Economic Department and also file a case of cheating.
Needless to mention once you file the aforesaid cases they will file a criminal case for defamation.
Dear questioner,
In order to give you a correct answer, we should check the following documents:
- The agreement between you and them.
- Their license, and corporate documents - if you have.
Following the situation exposed by you, I would say that you are the one who has the right, by law, to file a case against them.
If you need my help, please feel free to contact me on ms@elnaggarlegal.com
I am looking forward to hearing from you soon.
