2013 QCCQ 15562, 2013 QCCQ 15562

Ashrafi c. DJ Précision JP Prestige Auto inc. 2013 QCCQ 15562 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-130826-110 DATE: December 9, 2013 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ MOHAMMED ASHRAFI […] Pierrefonds, Qc […] Plaintiff/cross-defendant v. D.J. PRÉCISION J.P.

PRESTIGE AUTO INC. 4950 Saint-Charles Boulevard Montreal, Qc H9H 3E7 Defendant/cross-plaintiff ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence; [ 2 ] WHEREAS defendant, a merchant, sold plaintiff, a consumer, a used car, on August 15, 2011, for $2,400.00 (receipt and cheque, exhibit P-3 en liasse ; S.A.A.Q. registration document, exhibit P-5; demand letter, exhibit P-1; and plaintiff's credible testimony); [ 3 ] WHEREAS the document which was to serve as the sales contract (exhibit P-2) actually constitutes a mock contract, as it does not reflect the events as they transpired; [ 4 ] WHEREAS, when plaintiff first saw the car, in July, 2011, defendant's principal, Dariush Jafari, promised that he would carry out several repairs in order to secure the sale; [ 5 ] WHEREAS , however, he subsequently failed to do so; [ 6 ] WHEREAS , furthermore, Jafari misled plaintiff regarding the true condition of the car; [ 7 ] WHEREAS , despite plaintiff's demands, defendant wilfully neglected to carry out the repairs which it had repeatedly undertaken to carry out; [ 8 ] WHEREAS defendant and Jafari acted in bad faith; [ 9 ] Given articles 16, 40, 41, 42, 219, 228 and 272 of the Consumer protection Act (R.S.Q., c.

P-40.1) and

article 1375 of the Civil Code of Quebec ; [ 10 ] WHEREAS plaintiff incurred damages in the amount of $974.04 (invoices, exhibit P-4 en liasse ) as a direct and immediate consequence of defendant's failure to fulfill its legal and contractual obligations; [ 11 ] WHEREAS defendant's cross-demand is unfounded both in fact and in law; WHEREFORE THE COURT HEREBY: GRANTS plaintiff's application in part;

SENTENCES defendant to pay plaintiff the sum of $974.04, plus interest at the legal annual rate of 5% and the additional indemnity provided for in

article 1619 of the Civil Code of Québec , as of August 31, 2011; THE WHOLE , with costs. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: November 26, 2013