HEARING FILE NUMBER: H-25-11-004
DATE OF DECISION: February 27, 2026
COMPLAINANT: Vehicle Sales Authority of BC (“the Authority”)
LICENSEES: Biswas Automotive Services Ltd. and Sumit Biswas
ALLEGATIONS:
It was alleged by the Authority that the Respondents employed or engaged salespersons who were not registered under the Regulations contrary to section 13.1 of the Motor Dealer Act (“MDA”) and that they failed in the course of business to safeguard records in respect of consumers that were in its possession or control contrary to section 33(2)(g) of the Motor Dealer Act Regulation (“MDAR”). It was further alleged that the motor dealer was vicariously liable for the acts of its employees, specifically for providing false or misleading information to a person acting under the MDA contrary to section 35(3) of the MDA and for employing or engaging salespersons not registered under the Regulations contrary to section 13.1 of the MDA.
FINDINGS:
The Registrar found that Biswas Automotive Services employed or engaged a salesperson who was not registered under the Regulations contrary to section 13.1 of the MDA and that it failed in the course of business to safeguard records in respect of consumers that were in its possession or control contrary to section 33(2)(g) of the MDAR. The remaining allegations were dismissed.
PENALTY:
The Registrar ordered Biswas Automotive Services Ltd. to pay an administrative penalty in the amount of $30,000.00 and Sumit Biswas to pay an administrative penalty in the amount of $2,500.00. The Registrar further ordered Biswas Automotive Services Ltd. and Sumit Biswas to reimburse the Registrar’s actual costs, including actual legal costs, in the amount of $2,500.00.
LEGISLATION:
Motor Dealer Act, RSBC 1996, c. 316.
Motor Dealer Act Regulation, BC Reg. 447/78
