WILLEMSTAD – Utility company Aqualectra cannot automatically impose fines or disconnect electricity in cases of suspected power theft without conducting a thorough investigation. This was decided in a recent ruling by the Court of First Instance. 

The case involved a tenant whose electricity was cut off on March 13 due to alleged meter tampering. Aqualectra demanded a payment of 5,250 guilders—including a fine and reconnection fees—before restoring service. 

Tenant Not Responsible for Previous Fraud 

The judge ruled that the tenant, who only moved into the property at the end of 2023, could not be held responsible for tampering carried out by a previous resident. A neighbor even testified that someone had been seen tampering with the meter in early 2023, well before the current tenant moved in. 

Although the meter was proven to be manipulated and the household had unusually low electricity usage—just 40 kilowatt-hours per month, equivalent to powering a single lamp—the court noted that Aqualectra itself had failed to act for years. Neither meter readers nor the company’s administrative systems raised any red flags. 

Court Orders Restoration of Power 

The court ruled that Aqualectra may reasonably charge the tenant for actual electricity consumption, estimated at 2,500 guilders. Once that amount is paid, the company must restore power within three days. However, the judge rejected the additional fine of 1,000 guilders and the increased reconnection fees as unjustified. 

Need for Case-by-Case Assessment 

The ruling establishes that Aqualectra must take a case-by-case approach when fraud is suspected and carefully assess individual circumstances. Imposing automatic fines for manipulated meters without proof of a tenant’s involvement is not permissible, the court stated. 

Both parties were ordered to cover their own legal costs. 

This decision highlights the need for more accountability and oversight in how utility companies in Curaçao handle suspected cases of electricity theft.