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Registrar's Decision

Registrar's Decision 08-70380

File Number: 08-70380 

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

Licensee/Unlicensed person:

VICTORIA DRIVE AUTO SALES LTD. (Dealer #29209) AND MORTAZA DARVAZEHBAN (Salesperson # 104439)

Issues:

  • 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.

Click here for the full decision (PDF)