TENAGA NASIONAL BERHAD LIM MING CHIT

TENAGA NASIONAL BERHAD LIM MING CHIT

On the balance of probabilities the court accepted TNB’s inspection evidence (photos, technical report, witness testimony) that meter tampering occurred; defendant was the registered consumer for the account and therefore liable for loss caused by tampering; TNB’s entry was lawful under s38/reg7 and non-compliance with investigatory ss5–6 did not bar civil relief; the calculation method (BKM) and claimed amount were reasonable and supported by evidence; judgment entered for plaintiff in the amount claimed and costs.

Citation
CA-A72NCvC-228-12/2020 (Mahkamah Majistret)
Parties
PLAINTIF: Tenaga Nasional Berhad; DEFENDAN: Lim Ming Chit
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
25 July 2022
Case Number
CA-A72NCvC-228-12/2020 (Mahkamah Majistret)
Procedural Posture
Guaman Sivil / Judgment After Full Trial
Outcome
Plaintiff's claim allowed on the balance of probabilities
Legal Topics
Meter Tampering, Loss of Revenue Recovery, Entry to Premises Under Statutory Power, Notice Requirements Under S38, Liability of Registered Consumer, Calculation of Loss (beban Kehendak Maksima)
Source Language
Malay/English
Energy/electricity Law Civil Law Contract Law Criminal Procedural Issues (investigation) Property/trespass Meter Tampering Loss of Revenue Recovery Entry to Premises Under Statutory Power +3 more

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Parties

Tenaga Nasional Berhad

PLAINTIF

Lim Ming Chit

DEFENDAN

Procedural Posture

Guaman Sivil / Judgment After Full Trial

Legal Issues

  1. 1 Whether meter tampering (pengusikan) occurred
  2. 2 Whether calculation method for loss was correct and reasonable
  3. 3 Whether the registered consumer (defendant) is liable for loss

Ratio Decidendi

On the balance of probabilities the court accepted TNB’s inspection evidence (photos, technical report, witness testimony) that meter tampering occurred; defendant was the registered consumer for the account and therefore liable for loss caused by tampering; TNB’s entry was lawful under s38/reg7 and non-compliance with investigatory ss5–6 did not bar civil relief; the calculation method (BKM) and claimed amount were reasonable and supported by evidence; judgment entered for plaintiff in the amount claimed and costs.

Court Disposition

Plaintiff's claim allowed on the balance of probabilities

Orders

  • Defendant to pay RM92,332.40 to Plaintiff (Tenaga Nasional Berhad)
  • Defendant to pay costs of RM1,500.00 to Plaintiff