WILLEMSTAD - Fundashon pa Konsumidó, the consumer association of Curaçao, has presented a draft legislation to the Joint Court of Justice in Willemstad. The proposed legislation aims to establish a Small Claims Court, which would make it easier for consumers to file lawsuits against retailers in case of disputes.
This is not the first time the consumer association has sought attention for consumer interests in cases involving small purchases. In 2015, the Association submitted a version of the draft law to the government of Curaçao. However, no action was taken. A copy of the current draft proposal was handed to the Parliament of Curaçao on January 11, 2021.
The need for such a law, according to the Consumer Association, arises from the current issues faced by consumers in Curaçao. Despite various consumer rights provided by the law, these rights are often violated in practice. This is mainly due to the lack of an effective legal system to handle most consumer-related matters.
Procedures in court can be lengthy, complicated, and the costs associated with a lawsuit are high, especially when compared to the purchase costs of a product or service.
The new proposed legislation, named the "Concept-Landsverordening tot aanpassing van het Wetboek van Burgerlijke Rechtsvordering ter zake van rechtelijke bevelen in zaken van beperkt geldelijk belang" (Draft National Ordinance amending the Code of Civil Procedure regarding judicial orders in cases of limited monetary value), aims to change this situation. It enables consumers to file a complaint with the court if their claim does not exceed 10,000 guilders, with a small fee of only 50 guilders.