[1] Plaintiff's Case

1.1 The Plaintiff, the supplier of electricity is a public listed company incorporated under the Companies Act 1965.

1.2 The Defendant a private limited company is a registered consumer of the Plaintiff having a consumer account No. 0345-00697335-00 at premises No. 4, Jalan Bukit 3, Kawasan Perindustrian Miel, Seri Alam, 81750 Masai Johor.

1.3 The Plaintiff's claim is premised on Section 38 of the Electricity Supply Act 1990 (hereinafter to be referred to as E.S. Act) for loss of revenue amounting to RM290,489.29 arising from the tampering of the electricity meter on the Defendant's factory premises.

[2] Facts of the Case

On 14 June 2011, the Plaintiff through its staff had carried out an inspection at the Defendant's factory and found that the electric meter and the electrical installation had been tampered with. The Plaintiff carried out repairs and corrections on the said installations.

From the tests carried out, the Plaintiff discovered that the electricity meter failed to record the actual usage of electricity at the premises of the Defendant's factory as a result of the tampering.

The result of the tests carried out shows a short fall in the me