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COURT OF APPEAL PUTRAJAYA
THOMAS THOMAS @ MOHAN K THOMAS – Appellant
Versus
TENAGA NASIONAL BERHAD – Respondent
| Table of Content |
|---|
| 1. appellant's defense claims unawareness of tampering. (Para 1 , 5 , 6 , 8) |
| 2. tnb's entitlement under esa for revenue loss due to tampering. (Para 2 , 3 , 4) |
| 3. appellant's defense regarding third-party liability. (Para 7) |
| 4. court cites previous case affirming registered consumer's liability. (Para 9 , 10 , 12) |
| 5. electricity supply act permits claims without proving who tampered. (Para 11 , 13 , 14 , 20) |
| 6. contractual obligations persist, binding consumers despite occupancy changes. (Para 15 , 16) |
| 7. being a consumer obligates one to pay for utility charges despite tampering. (Para 17 , 22) |
| 8. responsibility for utility charges lies with the registered consumer. (Para 19 , 23 , 24) |
| 9. affirmation of lower court's factual findings against the appellant. (Para 26 , 27 , 28) |
[1] The appellant's appeal is against the decision of the Kuala Lumpur High Court affirming the decision of the Sessions Court which favoured the respondent ("TNB") in its claim against the appellant for loss of revenue as a result of meter tampering discovered at the premises known as No 34, Changkat Bukit Bintang, Kuala Lumpur ("the premises"). Having heard arguments, we reserved judgment to a date t
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