Registrar's Decision

Compliance > Registrar’s Decisions > Registrar’s Decision 14-11-002

Registrar’s Decision 13-08-001

File Number: 14-11-002

In the matter of 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: Andrea Renney

Licensee/Unlicensed person:

SILK ROAD AUTOS, Karim Quarishi and Grzegorz (Greg) Cykowski

Issues:

A hearing was called to review three allegations against Silk Road Traders Ltd. dba Silk Road Autos (Dealer #30733 and 40107) (“Silk Road”), Karim Quraishi (Salesperson #108137) and Grzegorz (Greg) Cykowski (Salesperson #201717):
Between May 10 and May 29, 2014:

The Respondents agreed to sell a 2008 Volkswagen Rabbit (the “Rabbit”) for $8,300 and deliver it to Terrace, B.C. and then added $250 to the price to pay the salesperson’s commission of $500 and ultimately charging the customer $8,750 plus taxes;
The Respondents represented the Rabbit to Andrea Renney (the “Consumer”) as having three keys, two with remotes and one regular key, when it did not and failed to provide all those keys; and

Between May 20, 2014 and November 4, 2014:

The Respondents failed to produce the dealer file or any transaction records for this transaction when formally requested by the VSA and specifically after several formal requests by Compliance Officer Jas Virk.

Outcome:

The Registrar found that Silk Road and Mr. Quraishi committed a deceptive act or practice contrary to the Business Practices and Consumer Protection Act by representing to the Consumer that the Rabbit came with three keys (2 remote and 1 regular) when it did not. The Registrar further found that misrepresentation was made continuously and recklessly making it legally a deliberate act.
The Registrar found Silk Road and Mr. Quraishi have failed to provide the records of the consumer transaction contrary to the Motor Dealer Act and the Business Practices and Consumer Protection Act.
The Registrar found Silk Road was not properly maintaining records of transactions at its business in breach of the Motor Dealer Act.
The Registrar found no evidence at all that Mr. Cykowski breached any of the legislation and all allegations against Mr. Cykowski were dismissed.
The Registrar issued a Compliance Order to Silk Road and Karim Quaraishi requiring them jointly and severally, to pay the Consumer $700.52 for programming a key and incidental costs associated with programming the key. They also are jointly and severally required to reimburse the Authority $1,484.64 for investigation and hearing costs.
The Registrar issued Silk Road an administrative penalty of $2,000 and Karim Quraishi an administrative penalty of $500 for the misrepresentations about the keys.
The Registrar placed conditions on Silk Road’s Registrations to, within 45 days, ensure a minimum two years of business records are maintained at its business premises.
Pursuant to section 5 of the Motor Dealer Act the Registrar ordered a suspension of Silk Road’s licence commencing April 1, 2015, and ending midnight on April 14, 2015, subject to Silk Road having provided the records of the transaction by April 14, 2015. If the records have not been provided, the suspension will continue until the records are provided and the suspension lifted by the Registrar.

Click here for the full decision (PDF)