PERUMAHAN KINRARA BHD Tenaga Nasional Berhad

PERUMAHAN KINRARA BHD Tenaga Nasional Berhad

A registered account holder who applied for supply is a "consumer" under the Electricity Supply Act 1990 and thus may be held liable under s38(3) for loss of revenue caused by meter tampering; where the statutory s38(4) statement is defective the plaintiff may nonetheless prove quantum on the balance of probabilities using a reasonable method (eg average consumption) so long as the estimate is not manifestly unreasonable. The Magistrate's finding that the Defendant was a consumer and liable was upheld and the appeal dismissed.

Citation
BA-11BNCvC-5-02/2021 (Mahkamah Tinggi)
Parties
Appellant/defendant: Perumahan Kinrara Berhad; Respondent/plaintiff: Tenaga Nasional Berhad; Third Party: Restoran Ameer Ehsan (001344501-K); Third Party: Isman Ali bin Ameer Hamsha; Third Party: Asath Khan bin Ameer Hamsha; Third Party: Mohamed Rizwan bin Ameer Hamsha; Third Party: Mohamed Talha bin Ameer Hamsha
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 November 2021
Case Number
BA-11BNCvC-5-02/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Under High Court From Magistrate Court / Hearing and Disposal of Appeal After Full Trial (appeal Against Magistrate's Judgment)
Outcome
Appeal dismissed
Legal Topics
Meter Tampering, Loss of Revenue/back Billing, Definition of Consumer, Prima Facie Statutory Statement Under S38(4), Quantum on Balance of Probabilities
Source Language
Malay/English
Electricity/energy Law Statutory Recovery Evidence Law Civil Procedure Meter Tampering Loss of Revenue/back Billing Definition of Consumer Prima Facie Statutory Statement Under S38(4) +1 more

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Parties

Perumahan Kinrara Berhad

Appellant/defendant

Tenaga Nasional Berhad

Respondent/plaintiff

Restoran Ameer Ehsan (001344501-K)

Third Party

Isman Ali bin Ameer Hamsha

Third Party

Asath Khan bin Ameer Hamsha

Third Party

Mohamed Rizwan bin Ameer Hamsha

Third Party

Mohamed Talha bin Ameer Hamsha

Third Party

Procedural Posture

Civil Appeal Under High Court From Magistrate Court / Hearing and Disposal of Appeal After Full Trial (appeal Against Magistrate's Judgment)

Legal Issues

  1. 1 Whether a registered account holder is a "consumer" under s2 and hence liable under s38(3) of the Electricity Supply Act 1990
  2. 2 Whether the written statement under s38(4) constituted prima facie evidence in this case
  3. 3 Whether the Plaintiff's method of computing loss of revenue (average consumption/back-billing) was acceptable on the balance of probabilities

Ratio Decidendi

A registered account holder who applied for supply is a "consumer" under the Electricity Supply Act 1990 and thus may be held liable under s38(3) for loss of revenue caused by meter tampering; where the statutory s38(4) statement is defective the plaintiff may nonetheless prove quantum on the balance of probabilities using a reasonable method (eg average consumption) so long as the estimate is not manifestly unreasonable. The Magistrate's finding that the Defendant was a consumer and liable was upheld and the appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Magistrate's judgment upheld: Defendant ordered to pay Plaintiff RM88,827.96
  • Interest at 5% per annum from date of judgment until realization (as per Magistrate's order)