BCC 520/2017

This case involved unpaid amounts for purchased electronic goods. Key issues included a consumer protection department assessment on their true value and interest due.

Background

A claimant filed a case with the Minor Civil Court against the defendant demanding that he pay 3363 Dinars and delay interest of 5%.

As the claimant had sold the defendant electronic devices and they had agreed to pay in monthly instalments. However, they did not pay despite being requested to do so.

The defendant appeared in court but did not present a defence in the case.

The court wrote to the Consumer Protection Department to inquire about the price of the two sold devices, and then asked the defendant to pay the claimant an amount of 393 Dinars and delay interest of 0.5%

The claimant appealed the ruling to the High Civil Court of Appeal, the court amended the ruling by making the amount to be paid 666 Dinars and delay interests of 1% per annum until full payment.

The claimant appealed this ruling before the Court of Cassation because the ruling bore invalid inference, lacked sufficient evidence of causation, and had erred in the application of the law.