The court confirmed that the appropriate jurisdiction for claims arising in relation to lost revenue from tampered electricity meters was the local court where the cause of action arose.

[1] This is an application (Encl 8) by the defendants to transfer the proceeding in the present suit No AA-22NCVC-104-11/2017 (Ipoh Suit) to the High Court in Kuala Lumpur to be heard with civil suit No 22NCVC-571-10/2015 (KL suit) The application was made by under O 57 of the ROC .

[2] I had dismissed the defendant's application and now give my reasons for doing so.

Background Of Ipoh Suit

[3] The plaintiff and the defendant are companies set up under the Companies Act 1965. The plaintiff is a licencee under Electricity Supply Act 1990 ( ESA ) and by virtue of a contract between them supplies electricity to the defendant's premises at No 8442, Jalan Bruas, Batu 17, 32400 Ayer Tawar, Perak and at Lots numbered 8961 and 8964, Batu 19, Jalan Beruas, 32400 Air Tawar, Perak.

[4] The plaintiff has its registered office in Kuala Lumpur and has a branch at Tenaga National Berhad, Bahagian Pembahagian at Lot 1754, Jalan Dato Seri Kamaruddin, Sri Manjung, Perak. The defendant's registered address is at 55, Medan Ipoh Bestari, Ipoh, Perak.

[5] On the 30 October 2014 and 19 March 2015, the plaintiff carried out meter inspections on the defendant's premises.

[6] In these inspections the plaintiff discovered that the meters in the defendant's premises had been tempered with. The total loss as pleaded as a result of the tempering of the meters from all the defendant's premises amounted to RM3,224,639.98.

[7] The plaintiff then proceeded to claim for loss of revenue under s 38(3) ESA . Written statements were sent to the defendant under s 38(4) of the said Act. Subsequently the plaintiff commenced an action by way of writ and Statement of Claim on the 1 November 2017 at the Ipoh High Court to claim the said amount which was "recoverable by way of a civil action" under s 38(5) .

[8] For ease of reference s 38 ESA 1990 is produced herewith:

38. (1) Where any person employed by a licensee finds upon any premises evidence which gives reasonable grounds for him to believe that an offence has been committed under subsection 37(1), (3) or (14), the licensee or any person duly authorized by the licensee shall within three working days from the date of such finding inform the Commission in writing, and the licensee may, upon giving not less than forty eight hours' notice from the same date in such form as may be prescribed, cause the supply of electricity to be disconnected from the said premises.

(1A) Notwithstanding any other provisions in this Act, where a police officer not below the rank of Assistant Superintendent applies to a supply authority or a licensee for the disconnection of the supply of electricity to any premises for a period not exceeding one calendar month under s 21A of the Common Gaming Houses Act 1953 [Act 289], the supply authority or the licensee or any person authorized by the supply authority or the licensee shall immediately disconnect or cause the supply of electricity to be disconnected from those premises.

(1B) Upon receiving such information under subsection (1), the Commission may verify the matter and in cases where it finds that no offence has been committed, the supply of electricity shall be reconnected immediately.

(2) If the supply of electricity has been disconnected under subsection (1), it shall not be reconnected until the licensee at his discretion gives permission for reconnection.

Provided that the period of disconnection shall not exceed three months.

(2A) Notwithstanding subsection (2), if the supply of electricity has been disconnected under subsection (1A), it shall not be reconnected without the written permission of a police officer not below the rank of Assistant Superintendent.

(3) The licensee may require the consumer to pay him for the loss of revenue due to the off