The statutory power to disconnect electricity can only be exercised if the offense of meter tampering is ongoing or has not been rectified.

Introduction

[1] This is an application for an interim injunction to restrain Tenaga Nasional Berhad ("TNB") from disconnecting the supply of electricity to the premises of the Plaintiff. This judgment discusses the law on the statutory authority of TNB to disconnect electricity supply to the premises of a consumer following discovery of meter tampering which is subsequently remedied.

Key Background Facts

[2] TNB is a licensee under the Electricity Supply Act 1990 (the "ES Act") and the provider of electricity in Peninsular Malaysia. The Plaintiff is a customer of TNB, as evidenced by the standard contract for the supply of electricity between both parties and in accordance with the provisions of the ES Act, pursuant to which electricity is supplied to the industrial premises of the Plaintiff which is averred by the Plaintiff to be running an ice production factory situated at Lot 1506, Batu 15 ½, Jalan Sungai Tiram, 81800 Ulu Tiram, Johor.

[3] On 9 April 2015, employees of TNB performed an inspection of the meter installation at the premises of the Plaintiff, and concluded that there had been an unauthorised interference and tampering of the said meter installation. A notice of Borang Pemakluman Semakan Pepasangan Meter Elektrik was then served on the Plaintiff, the contents of which relevantly included the following:-

"Hasil pengujian menunjukkan meter berkenaan tidak merekodkan penggunaan elektrik yang sebenar dan ini telah diterangkan kepada tuan [didapati wayar S1 dan S2 arus pendua pada fasa kuning telah diterbalikkan (twist) di terminal meter main]"

The meter tampering, according to TNB, thus meant that the meter could not and therefore did not during the material time correctly record the actual utilisation of electricity by the Plaintiff as supplied by TNB.

[4] Although not averred by the representative of TNB in the affidavit in reply, the Counsel for the Plaintiff submitted (and this was not disputed by the Counsel for TNB) that in accordance with the standard operating procedure of TNB governing the situation which then prevailed and unfolded, and which resulted in the finding of unauthorized interference of the meter, the TNB had upon such discovery on the same day effected the removal and replacement of the tampered meter with a new one, or otherwise undertaken the requisite rectification works to address the unauthorised interference and have a properly functioning meter installed. The issue of the meter tampering having been addressed, TNB thereafter continued providing the supply of electricity to the Plaintiff and accordingly billed the latter for its present usage of electricity as what can be considered as being accurately recorded by the meter post-rectification.

[5] On 30 June 2015, almost three (3) months after the date of the discovery of the unauthorised interference (and rectification thereof), TNB issued and served on the Plaintiff the requisite Borang A on "Notis Pemotongan Bekalan Elektrik Di Bawah Subseksyen 38(1) Akta Bekalan Elektrik 1990". For present purposes, the relevant parts of the Notice Borang A are reproduced below:-

"Sila ambil perhatian bahawa pada 09 April 2015 / 12.00 tengah hari (tarikh / masa) satu pemeriksaan telah dilakukan terhadap pepasangan kami di premis tuan. Hasil pemeriksaan, kami mendapati bahawa pepasangan tersebut telah diusik atau diubahsuai dalam keadaan yang dinyatakan berikut di bawah:-

1. Didapati wayar arus pendua S1 dan S2 bagi fasa kuning telah diterbalikkan di terminal meter. (