FILE NUMBER: 07-70978

HEARING DATE: July 3, 2008

IN THE MATTER OF THE MOTOR DEALER ACT R.S.B.C.1996 C.316 AND
THE BUSINESS PRACTICES AND CONSUMER PROTECTION ACT S.B.C. 2004 c.2

COMPLAINANT: SARTAJ POWAR

MOTOR DEALER and/or SALESPERSON: FLAG CHEVROLET-CHEVROLET TRUCK LTD. (Dealer #5401) AND K.S. AUTO MARKET LTD. (Dealer #9987)

ISSUE:

• Dealers of Flag Chevrolet-Chevrolet Truck Ltd. and K.S. Auto Market Ltd. were called to a hearing whereby it was alleged that they each committed a deceptive act or practice contrary to Section 5(1) of the BPCPA and also breached Section 23(e) of the Motor Dealer Act Regulation B.C. Reg. 447.78.
• It was also alleged that Flag Chevrolet-Chevrolet Truck Ltd. failed to declare Out-of-Province jurisdiction the vehicle (Mercedes) had previously been registered in, contrary to Section 22(c) of the Motor Dealer Act Regulation B.C. Reg. 447.78.

OUTCOME:

• The Registrar’s decision was that Flag Chevrolet-Chevrolet Truck Ltd. abide by the BPCPA; and that the dealer ensure any representations it makes are properly qualified so as not to mislead consumers; the dealer is to unwind the deal, take back the vehicle (Mercedes) and refund the purchase price to Mr. Powar less a deduction of .10 cents for every kilometer Mr. Powar has put on the Mercedes. Mr. Powar will be required to sign over ownership to Flag upon receiving his refund.
• Flag Chevrolet-Chevrolet Truck Ltd. is to reimburse the VSA for its investigation and hearing costs. An invoice will be provided as to the amount.
• Under Section164 of the BPCA an administrative penalty for an infraction of the Act can be applied. An administrative penalty of $1000 was levied.
• Allegations against K.S. Auto Market Ltd. were dismissed with a warning that it must ensure it makes proper statutory declarations. Another failure to do so would require the Registrar to consider placing a condition on its registration or to suspend or cancel its registration.

COMPLETE DECISION: File 07-70978 Hearing Decision Powar v Flag Chevrolet and K.S. Auto Market Ltd. September 2, 2008

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