Court Orders Dubai Clinic to Refund Dh159,000 Over Failed Surgery Deal

The Dubai Civil Court has directed a medical centre to refund Dh159,000 to a patient after finding that it failed to perform a surgical procedure despite receiving full payment in advance.

 

The court annulled the contract between the parties and ordered the centre to repay the amount with legal interest at 5 per cent per year, calculated from the date the case was filed until full payment is made. It also awarded the patient Dh5,000 in compensation for material and moral damages, and ordered the centre to bear court fees, expenses and legal costs, including lawyers’ fees.

 

Court records show that an Arab woman filed a civil claim seeking to hold the medical centre and its manager jointly liable for returning the sum she had transferred to the centre’s bank account under a formal surgery agreement.

 

The claimant stated that the centre repeatedly postponed the operation without fixing a final date and ultimately failed to carry out the procedure. She argued that the delays prevented her from benefiting from the funds paid and caused her to miss the appropriate time for surgery, amounting to a clear breach of contractual obligations.

 

In support of her case, she submitted bank transfer receipts confirming full payment, WhatsApp messages evidencing the agreement and the centre’s acknowledgement of receipt, as well as subsequent messages notifying her of postponements. She also produced the centre’s commercial licence showing it operates as a single-owner limited liability company specialising in day surgeries.

 

Court findings

 

In its ruling, the court affirmed its authority to properly characterise claims and apply relevant legal provisions regardless of how parties frame their requests. It noted that the demand for repayment implicitly included a request to rescind the contract.

 

The court found that the patient had fulfilled her obligation by paying the agreed fee, whereas the medical centre failed to perform its fundamental obligation to conduct the surgery. This breach justified termination of the contract and restoration of the parties to their pre-contractual positions.

 

The judgment further confirmed that electronic communications constitute valid written evidence if not disputed by the opposing party. It added that the awarded interest serves as compensation for delay in fulfilling a financial obligation and is to be calculated from the date the judicial claim was filed.

 

The court fixed compensation at Dh5,000, citing both the financial loss resulting from the inability to use the funds and the psychological distress caused by the centre’s failure to carry out the agreed medical procedure.

 

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