GREAT BAY--The Association for Consumer Protection in St. Maarten, ACP-SXM, on Tuesday filed a petition with the Court of First Instance against NV GEBE, in what the organization describes as the first collective court case of its kind brought by a consumer organization in St. Maarten against the country’s sole electricity and water provider.
ACP-SXM President Peggy-Ann Richardson, speaking following the filing on September 15, said the organization took the step on behalf of thousands of households that deserve an opportunity to have their concerns over utility billing, disputed balances and disconnections considered by a court.
Richardson stressed that ACP-SXM is not asking the Court to determine electricity or water tariffs, provide free utilities, erase legitimate customer debt or award money to the consumer organization. She also emphasized that the case is not intended to punish NV GEBE or interfere with the utility company’s ability to perform its responsibilities.
Instead, Richardson said the central issue is whether NV GEBE can substantiate the figures being charged to consumers.
“What we are asking is simple: that NV GEBE prove its numbers,” Richardson said.
According to ACP-SXM, the court filing follows months of efforts to settle the issues directly with the utility company. Richardson said the organization submitted a written petition containing nine concrete demands in June and participated in more than one meeting with NV GEBE in an attempt to reach solutions.
Those discussions resulted temporarily in a pause on disconnections, but Richardson said NV GEBE ended further discussions with ACP-SXM on June 30. The organization subsequently decided to place the unresolved issues before the Court of First Instance.
ACP-SXM is asking the Court to address three central issues.
The first concerns NV GEBE’s Fuel Clause, which is added to customers’ electricity bills on top of the base electricity rate. ACP-SXM wants the Court to determine whether the charge has a lawful basis and whether its calculation complies with the requirements of the law.
Richardson pointed to an independent report commissioned by government which, according to ACP-SXM, found that the Fuel Clause formula could not be validated. The organization said the same report identified an estimated XCG 12.6 million surplus collected from consumers.
ACP-SXM is asking for clarity on how that amount was handled and whether the amounts collected through the Fuel Clause were lawfully charged in the first place.
The second issue centers on disputed historical balances, particularly bills connected to the period following NV GEBE’s 2022 cyberattack.
Richardson said customers questioning old balances should be entitled to a clear written explanation showing how those amounts were calculated. She noted that NV GEBE’s systems and records were compromised for months following the cyberattack and said consumers should receive verifiable figures when they challenge amounts appearing on their accounts.
ACP-SXM is asking that NV GEBE be required to provide such information clearly, in writing and within a reasonable period, rather than relying on responses that consumers cannot independently verify.
The third issue deals with disconnections while legitimate billing disputes remain unresolved.
ACP-SXM is asking the Court to establish that households should not lose electricity or water over balances they have not been given a meaningful opportunity to verify. Richardson said that where a customer is disputing a bill in good faith and continues paying for current consumption, the household should not be disconnected while the disputed amount is still being addressed.
Richardson said the position of NV GEBE as St. Maarten’s only electricity and water supplier makes transparency and accountability particularly important.
Consumers cannot choose another utility provider if they are dissatisfied with the service, billing process or handling of a dispute. ACP-SXM argues that this monopoly position should result in a higher standard of transparency, fairness and accountability toward consumers.
Richardson also stressed that the court action should not be characterized as a political fight or an attack against NV GEBE.
“This case is not an attack on NV GEBE, and it is not about politics,” she said.
According to Richardson, ACP-SXM’s objective is to ensure that households, small businesses and senior citizens living on fixed incomes can have confidence in the accuracy of their utility bills and can trust that electricity or water will not be disconnected without proof and a fair process.
ACP-SXM said it intends to keep the public informed as the case progresses through the Court.
Richardson thanked ACP-SXM’s membership and the wider community for the confidence placed in the organization to pursue the matter and called on NV GEBE to provide consumers with the transparency ACP-SXM believes they are entitled to receive.
“We say to NV GEBE, plainly: show the consumers of this island the transparency they have earned and are owed,” Richardson said.
Richardson also extended special thanks to ACP-SXM’s legal counsel, Valya Pantophlet of DeJong and Vivian Choennie of FoxBerman, for their guidance and advocacy in preparing and bringing the case before the Court.
She additionally recognized other legal counsel who provided technical assistance and guidance behind the scenes, acknowledging the many hours contributed to the effort.
ACP-SXM also thanked its Board members for what Richardson described as their consistent support, advice and commitment throughout the process, saying their belief in the consumer organization’s cause helped move the court action forward.
