WHITE PLAINS – A Wappingers
Falls-based home heating oil business has been sued by the state attorney
general’s office charging the company engaged in persistent fraudulent,
illegal and deceptive conduct. The state agency is seeking close to $83,000
in restitution for over 80 customers.
The company is no longer in business.
The lawsuit, in State Supreme Court in White Plains, was filed against
Champion Fuel and Service Corp., its owners David DeSilva Sr. and Patrick
Terminello, and DeSilva’s son, David DeSilva Jr., who managed the
company.
It is alleged in April 2014, Champion received pre-payments for home heating
oil and oil burner services that were supposed to be provided to customers
throughout the 2014-15 heating system. Instead of filling the customers’
oil tanks, Champion either never delivered heating oil or shorted customers
delivering only a fraction of the oil for which they paid.
The company is also charged with completing only a portion of the oil-burner
work it was contracted to do, or did none of it.
Champion customers allegedly paid for more than $80,000 of heating oil
and oil burner service that were never provided to them.
The lawsuit seeks restitution for all injured customers and a court order
permanently barring Champion, Terminello and the DeSilvas from operating
a home heating oil business in New York State.
They are also seeks to enjoin them from engaging in any future violations
of consumer protection laws and an order directing them to provide a full
accounting of money received from consumers, all contracts and a complete
list of customers.
Champion’s license to sell or distribute home heating oil was cancelled
by the state Department of Taxation and Finance on January 25, 2015 for
failure to file state tax returns and non-payment of state taxes.
To date, authorities have received 83 complaints against Champion. At
least 30 customers sued Champion in Wappinger Town Court to recover money
owned them, totaling over $30,000, due to non-delivery of pre-paid home
heating oil and oil burner service.
