29 Jan 2021
SUM'S OTOMOBIL SB & 1 LAGI TENAGA NASIONAL BERHAD
- Citation
- NA-A52NCVC-15-03/2019 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- NA-A52NCVC-15-03/2019 (Mahkamah Sesyen)
On the balance of probabilities the court accepted the inspector's evidence that the meter installation was tampered with, enabling TNB to claim lost revenue; however, because the meter had been replaced before disconnection and s.38 must be construed purposively (and as interpreted in Mayaria and QL Endau), TNB had no authority to disconnect supply after replacement, rendering the disconnection unlawful and justifying exemplary damages against TNB for acting beyond its statutory power.