Question:
I have lent AED 100,000 to a friend almost a year ago and he was supposed to return it to me after 6 months. I have whatsApp chat to prove that he has taken money from me. Is WhatsApp conversation admissible in UAE courts? Can I file a criminal case against him so that he do not leave the country?
Answer:
Any loan from borrowed from an individual or an entity not registered or authorized by Central bank is not recognized in the country. However, courts do consider any amount borrowed through personal relations without any interest rate. In the present inquiry, we presume that you offered the amount without any specific rate of interest.
In the present scenario, we note that the deal can be proved through WhatsApp correspondence exchanged between the parties. However, it is important to understand that whether the messages are in your device or if you have transferred the messages from your friend mobile phone to yours. Both scenarios have different legal standing in the court of law in accordance with Federal Law Number 2 of 2002 regarding Electronic Transactions and Commerce. Further, with regards to Article 8 of the said law, any document, record or information is retained, for whatever reasons, that requirement is satisfied by retaining such document, record or information in the form of electronic record, if the following conditions are met:
- The Electronic Record is retained in the format in which it was originally generated, sent or received, or in a format which can be demonstrated to represent accurately the information originally generated, sent or received:
- The information remains stored in a way that is accessible and usable for subsequent reference.
Whereas, if the messages are in your device they are considered as valid proof before the court of law in accordance with Article 13 of the same law which states that it is permissible for the parties to express offer and acceptance, partly or wholly by way of electronic communication and any contract will not be denied on the sole ground that it was concluded electronically. In continuation, Article 12 of the Law allows the parties to submit Electronic evidence in the court.
In a nutshell, with reference to your query and the aforementioned provisions, you can submit WhatsApp conversations in your mobile phone or any other device before the court as an evidence to prove the transaction. Secondly, you can also file a criminal action for taking personal loan before the public prosecutor against the offender for failing return your money.
