The National - News

My apartment was never finished, so can I get my money back?

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Q I invested in a constructi­on project by buying a flat for myself in UAE in 2008. Constructi­on of the building halted in early 2009. Am I entitled to get a refund under the terms of the contract?

A If constructi­on stops for longer than six months, which seems to be the case for you, and if the anticipate­d completion date and the grace period have expired, you should have the right to request terminatio­n of a contract with a seller and a full refund of the amount paid by you, along with 9 per cent interest, estimated from the date of filing a case until the date when full payment is made by the seller. Prior to filing a case, you should check the jurisdicti­on clause in your contract to find out if it is agreed between both parties whether the dispute, if any, should be considered by arbitratio­n or through the local courts. It could be worth checking with the Land Department if the project has been cancelled. If it is, you might not be able to file a case but submit a refund request through the legal channels.

I have a traffic case against me. I unintentio­nally hit someone and the person died. The court decided that I must pay full blood money, besides the judgment. I am afraid the family of the deceased may file a civil case against me. May I ask for your guidance?

The deceased’s family has three years to file a compensati­on claim against you, or you and the insurance, if you had an insurance policy at the time of the accident. Compensati­on is not defined by law and depends on many factors including: the cost of medical bills; age of the deceased and the longevity of their pain; their income and its loss that would result; the moral pain the family suffered; and many other factors. The court may consider all of these while they are evaluating the amount. Common practice indicates civil cases can take six months to three years, depending on type of claim, arguments by lawyers and so on. The judgment shall be ruled by the First Instance Court in terms of civil cases, with the right for you to appeal it within one month. After the Appeals Court judgment you have the right to object the same in Supreme Court within two months. You do not have to attend court and can be represente­d by your lawyers.

If you have a question for our lawyer, please email it to media@profession­allawyer.me with the subject line “Know the law”.

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