The Plaintiff must prove both the tampering of the meter and the loss of revenue; failure to do so results in dismissal of the claim.

Wong Mee Ling J:

Introduction

[1] This is a claim filed by the Plaintiff against the Defendant for loss of revenue amounting to RM2,346,906.87 with interest and cost due to the tampering of the meter installation at the Defendant's premises.

[2] After going through full trial, having read the parties' written submissions, and after having heard the oral submissions of the parties, I dismissed the Plaintiff's claim with costs of RM10,000.00 to be paid by the Plaintiff to the Defendant.

[3] The Plaintiff has filed an appeal against part of the decision on quantum and costs whereas the Defendant has appealed against part of the decision on liability and also the decision of Justice Tuan Ahmad Murad bin Abdul Aziz made on 10 August 2022 that allowed the Plaintiff's objection against the Defendant to produce additional documents during the trial. I note that the notice of appeal encompassing the decision of Justice Tuan Ahmad Murad bin Abdul Aziz is incomplete and should have been filed separately by the Defendant.

[4] Below are the grounds of my decision and the grounds do not include the decision made by Justice Tuan Ahmad Murad bin Abdul Aziz made on 10 August 2022.

Background

[5] The background facts in this suit are gathered from the cause papers and submissions filed by the parties and stated in chronological order.

[6] The trial commenced on 7 April 2021 until 14 August 2022 by Justice Tuan Ahmad Murad bin Abdul Aziz. Following His Lordship's transfer to Kuala Lumpur High Court, I was instructed to take over and continue with the trial.

[7] The Plaintiff supplies electricity to the Defendant's ice factory at PTO 140216 and PTO 140216-1, Jalan Berjaya 8/1, Taman Perindustrian Berjaya, Jalan Kempas Lama, 81200 Johor Bahru, Johor registered under the account number 0340 00753047 7 and 0340 00753049 03 respectively.

[8] The Plaintiff carried out an inspection on the meter installation at the Defendant's factory on 21 March 2012 and discovered that the armoured cable at room No 140216 ("MSB1") and No 140216-1 ("MSB2") at Jalan Berjaya 8/1,81200 Kempas Lama, Johor were tampered whereby S1 and S2 wires for all phases of red, yellow and blue after the Terminal Current Transformer (CT) were pierced for bypass purposes and controlled by a circuit connected to a 3 phase motor.

[9] As a result of the tampering, the meter had failed to record the actual usage of electricity consumption to the Defendant's factory at all material time.

[10] The Plaintiff carried out rectification works in the presence of the Defendant's representative by removing the wires that were used for bypass and the 3 phase motor.

[11] The Plaintiff then claimed for the loss of revenue and expenses due to the tampering of meter installation amounting to a total of RM2,346,906.87 for the period of 6 September 2010 until 21 March 2012.

[12] In this action, the Plaintiff sought inter alia, the following reliefs:

(a) loss of revenue and expenses amounting to a total of RM2,346,906.87;

(b) interest on the RM2,346,906.87 at the rate of 5% per annum to be calculated from the judgment date until full settlement; and

(c) costs on a solicitor-client indemnity basis.

[13] It is the Plaintiff's case that due to a meter tampering discovered on the Defendant's premises on 21 March 2012, which lasted for about a year and a half from 6 September 2010 until 21 March 2012 and based on the Defendant's electricity usage from 1 June 2013 - 1 July 2013 for MSB 1 and 1 June 2013 - 2 July 2013 for MSB 2, the loss of revenue computed was RM 2,346,096.87.

[14] The Defendant's defence, inter alia, pleaded as follows:

(a) the Defendant did not have knowledge of the inspection conducted on 21 March 2012, and in any event, that it was conducted without the presence of an authorized employee of the Defendant;

(b) at all material times, the Defendant did not have any possession, control and access to the meter and/or transformer room;

(c) the Plaintiff's claim of RM2,346,906.87 is without any basis, excessive,