Kuwait’s Circuit 45 of the Commercial Court has ruled that a real estate development company must refund a Kuwaiti woman KD 20,000 with an annual interest rate of 7%, calculated from March 31, 2017, until the payment is fully settled. The decision follows a lawsuit filed by the woman's legal representative, Lawyer Ali Jawhar, alleging the company failed to provide a valid sales contract or return the funds related to a chalet purchase.
According to the court documents, the plaintiff made three installment payments totaling KD 20,000 to the company for reserving and purchasing a chalet located in Sabah Al-Ahmad Marine City. The payments covered the reservation fees as well as a portion of the property price, supported by official receipts bearing the company’s seal.
The dispute arose when the plaintiff received a sales contract that lacked official signatures and omitted critical property information, including the chalet’s description and size. The development company subsequently declined to issue a legally binding contract or to refund the amounts paid by the woman.
In his legal statement, Lawyer Jawhar requested that the Ministry of Justice’s Experts Department examine the provided documents and receipts to verify the payments and determine whether they corresponded to the claimed property. The expert report validated that the full amount was paid to the company but found no evidence of the funds being refunded or any legitimate contract being issued.
Based on these findings, the court ordered the company to reimburse KD 20,000 plus interest accrued from March 31, 2017, until the full repayment. The ruling underscores the importance of clear contractual agreements and the legal protections available to consumers in real estate transactions in Kuwait. The development company has yet to comment on the court's decision.
