FILE NUMBER: 08-70380
HEARING DATE: November 19, 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: SADIQ AHMAD MALIWIYA AND SHEERIN BANU MALIWIYA AND IFTIKAR MALIWIYA
MOTOR DEALER and/or SALESPERSON: VICTORIA DRIVE AUTO SALES LTD. (Dealer #29209) AND MORTAZA DARVAZEHBAN (Salesperson # 104439)
ISSUE:
- Complainants had asked dealer and salesperson if the vehicle was damaged – dealer and salesperson said no.
- Evidence showed dealer and salesperson knew vehicle had $16,500 in damage.
- Evidence showed dealer and salesperson deliberately misleading the consumers.
- Evidence showed dealer and salesperson gave false evidence to a compliance officer.
OUTCOME:
- Dealer to take back vehicle and issue a full refund.
- No deduction for kilometers traveled as that could reward the dealer.
- $7,500 Administrative Penalty to dealer.
- $750 Administrative Penalty to salesperson.
- 3 day suspension for salesperson for giving false evidence.
COMPLETE DECISION: File 08-70380 Hearing Decision Maliwiya v Victoria Drive and Darvazehban
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