Questions & Answers - Legal Advice Middle East

Suing a doctor for making a mistake in plastic surgery

Q: I had rhinoplasty surgery. Prior to the surgery, the Doctor had agreed to perform an open rhinoplasty to refine the tip of my nose and adjust the bridge of my nose. After receiving the payment from me for the surgery, the Doctor then refused to carry out the full procedure that he had agreed on and that I had paid for. I would have never paid for the surgery had I known that he was not going to carry out what had initially been agreed upon. I have also been left with a large boney lump at one side of my face, between my cheek, nose and going up to below my tear duct. This was not there before surgery. When I received my discharge papers from the hospital, the Doctor had written down my diagnosis as "large nose", with no accurate diagnosis/description of the actual surgery that was performed. I now have to get another surgeon to fix the bone sticking out of my face. I would like to take legal action against the surgeon that did this to me. I am looking for some advice on this.

Ending the tenancy with the owner to stop rent and bills

Q: Hello Sir, Please advise me in the below matter. In Nov. 2019 I got an apartment from a real estate agent, made the payment of 19k in one cheque. The cheque was encashed (in the name of real estate co). After 15 days, I received a contract from him but the terms were mentioned as 22k and 6 cheques. I inquired about the reason & he said you have paid in 1 cheque hence there is a discount from the owner but the contract is made at the market value. After approx. 10 months I received a call from one person claiming to be the owner of the apartment and he said he has not received a single dirham. The real estate guy has done this with almost 10 of his apartments & has run away. The contract finished on Dec,19 but the owner is not issuing me NOC as I have moved out of the apartment. I requested him many times but he denied. I`m still paying SEWA even not in the apartment & maybe municipality charges also building up just to avoid defaulting on the bank payments. What can I do to resolve this issue peacefully since the owner is not listening to me at all? (I have all the receipts).

Dealing with bounced rental cheque after paying fines and debt

Q: Hi Sir, If a person paid his all cheques penalty at court and got free from there, can the estate agent put another new rent case on the basis of tenancy contract? The rental amount was already paid in court in 2018 and the person was free from court. Now again the same case. What should the person do? He has all the documents and proof of payment of cheque and Baladiya (municipal slip) too.

Resignation and compensation upon misunderstanding regarding job description

Q: Hi, I joined a DMCC company 1 month ago and there is a misunderstanding between me and my employer with respect to my job description which I clearly told them that I cannot do. The company is asking me to resign and pay an amount of AED 15000 for my visa and medical flight charges, etc in spite of holding my salary. They are also asking me to submit my passport, otherwise, they will take legal action. Should I compensate them if I wish to resign? Kindly help me!

حقوق العامل غير المسجل في الضمان الاجتماعي

س: أعمل سائقًا في محل وغير مسجل بالضمان الاجتماعي منذ سنتين. إذا قرروا إنهاء عملي، فما حقوقي لديهم؟

Avoiding labor ban because of overstay after visa cancellation

Q: Hello, I have processed cancellation myself. The 30-day period has been over. I have received my decision 8 days ago but the amount is pending. Now, my visa has been canceled, and my new company is taking days to take out the new visa because the new company`s visa quota is temporarily blocked. Will I undergo a labor ban?

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Accepting an offer to sell a car online and inability to proceed

Q: Dear Legal Advice team, I decided to sell my car and posted an ad on Dubizzle on Nov 19. After a while, one potential buyer approached me saying that he was a dealer living in DRC and wanted to ship the car there. He sent me some amount of deposit to keep the car for him till the end of November which he supposed to come and close the deal. Unfortunately, this day has never arrived within the last 5 months. He kept sending me some more deposits via his friend living in UAE whenever I raised my voice, but he still has a balance and has not shown up yet. There is no written agreement between us and the only conversation we have with him and his friend is only over Whatsapp. Please advice me what to do to be safe from the legal perspective. Your support is highly appreciated. Thank you!

Procedure to be followed while changing visa to another employer

Q: My husband is under my visa (wife`s visa). He found a job and the company is going to give him an employment visa. Does he need to cancel his current visa in order to proceed for the company’s visa or just do the labour permit and give the No Objection letter? And if he really needs to cancel his current visa, does it affect also his medical insurance or he can still continue using it even if his visa is will be under the company’s visa? Thank you so much.

Filing a civil case instead of a criminal case for a cheque bounce

Q: I filed a complaint to the police station for a cheque bounce. Can I withdraw the case from the police station and file the case to the civil court?

Checking a travel ban and absconding case before returning to Dubai

Q: Hello. I just want to ask about my status in the UAE. I left Dubai without the permission of my boss because of a family emergency. I left Dubai 3 months ago (December 2019) and as per PRO they (employer) already filed the absconding case on me. Now I want to come back to the UAE. Will I have a problem at the airport? Hope to hear from you about this matter.

Preparing a legal auditor report to file a criminal case against an employee

Q: Hi, I`m going to open a criminal case in Dubai at the police station or through prosecution against an employee who committed fraud in our company. Usually, the police or court ask for a legal auditor report. I would like to know if the legal auditor report is made by an unapproved auditor or accounting company, and then when I submit it to the police, will they accept it?

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Returning safely to the UAE after settling credit cards

Q: I had defaulted on 2 credit cards when I lost my job and came back to my home country. Now, I have settled both cards and wish to visit again. How much time will it take the banks to remove the travel ban or withdraw any cases against me after the ban? Will I be allowed to travel?

Changing the punishment of a cheque case to fine in Ajman

Q: What about cheque bounce case in emirate of Ajman? I have 6 rental cheques total worth 18000. The case is in Ajman police station. Can I pay the fine and renew my visa because my visa has expired?

Arrested for possession of a drug while it is not his

Q: Hi, My husband was caught by CID for consuming and possessing of 0.1 gram of Meth in his car. However, it belongs to his friend, but he has been charged for these two cases. Can we get bail and close the case? He is born and brought up in UAE, his full family is here and this is the first time. He is not an addict. Please help!

Checking the minutes of a court hearing online

Q: I have a case in Sharjah Court. Few hearings already completed and during last hearing, I have produced the witness as well. I would like to understand what was the comment made by the judge during this hearing. Where can I find case details? I didn`t get this from public prosecution. Is there any online platform where I can check details online using case number?

Claiming cheques amount from abroad after being cheated by a partner

Q: sir, I am residing in Kuwait. One of my wife`s friends cheated me with a cheque of RAK Bank, Sharjah of a sum of 120,000 Dirhams which he owed me in 2018. He was running a general trading company. There is also another cheque of commercial bank of Dubai with a sum of 150,000 dirhams. He closed down the company by the end of 2016. When I ask him regarding the money, he tells me that he doesn`t have the money now and whenever he has, he will give me. Both cheques are without specified dates. As I am staying in Kuwait, I don`t have an account in Dubai. I did not present these cheques to banks as I don`t have an account and also if I present them, I won`t be having any evidence if the banks keep them. Which way can I proceed as this guy cheated me? Kindly advise! Thanks! M.T.