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 Tnb win against landlord, Tnb win, Flawless victory, fatality

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patienceGNR
post Feb 19 2025, 03:46 PM

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Tenant to undertake the bill in their name.

Ask tenant register their own account jer. Apa susah.
billyboy
post Feb 19 2025, 03:48 PM

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QUOTE(touristking @ Feb 19 2025, 03:45 PM)
TNB and Sarawak Energy under same law? Or different?
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Sarawak Energy and TNB different owner and framework

Sabah Electricity currently under TNB but Sabah Govt negotiating for buyover......
coyouth
post Feb 19 2025, 03:55 PM

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so it's setting a precedent in telling owners, if you detect electricity theft, do not report police and do not inform tnb. settle it yourselves.
billyboy
post Feb 19 2025, 04:02 PM

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QUOTE(coyouth @ Feb 19 2025, 03:55 PM)
so it's setting a precedent in telling owners, if you detect electricity theft, do not report police and do not inform tnb. settle it yourselves.
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better shut down the tenant fast if meter is still in landlord's name....
dwks
post Feb 19 2025, 04:11 PM

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QUOTE(patienceGNR @ Feb 19 2025, 03:46 PM)
Tenant to undertake the bill in their name.

Ask tenant register their own account jer. Apa susah.
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if u tnb, u wanna chase disappeared criminal god who know where now or solid cement building that can’t run away 😂
patienceGNR
post Feb 19 2025, 04:12 PM

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QUOTE(dwks @ Feb 19 2025, 04:11 PM)
if u tnb, u wanna chase disappeared criminal god who know where now or solid cement building that can’t run away 😂
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Might as well chase after some random person that has no legal ties to the issue and frame them, or make false claims against the said random person. smile.gif
TheLegend27
post Feb 19 2025, 04:12 PM

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QUOTE(diffyhelman2 @ Feb 19 2025, 03:16 PM)
Is it? The article didn’t mention this at all. They only say one of the cases was the tenant use fraud to open tnb account in landlord name
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i mean other cases. now many victim on this. those crypto miner straight pull new supply from outside. also tnb got insider helping them to do.
TheLegend27
post Feb 19 2025, 04:14 PM

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QUOTE(coyouth @ Feb 19 2025, 03:55 PM)
so it's setting a precedent in telling owners, if you detect electricity theft, do not report police and do not inform tnb. settle it yourselves.
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get help from victim group. stomp into unit and confiscate the crypto machine first. then report police. u report tnb they got insider tell miner pack their machine and run.
Bill888
post Feb 19 2025, 04:19 PM

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Be careful who you rent your house to.
dawnreaver
post Feb 19 2025, 04:21 PM

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That's why better don't venture into the rental business because landlords ain't protected.
atmosthere
post Feb 19 2025, 04:25 PM

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maybe can make a case against tnb didnt act quickly bila tgk bil naik exponentially against trend of that area?

i dulu dgr about non-technical losses analysis that power provider can do to catch power keluar downstream against billing bila semua sudah pasang smart meter

zaman AI maaa TNB must be proactive too kan?
billyboy
post Feb 19 2025, 04:26 PM

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QUOTE(dwks @ Feb 19 2025, 04:11 PM)
if u tnb, u wanna chase disappeared criminal god who know where now or solid cement building that can’t run away 😂
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TNB behave like gangster or follow law ? cool2.gif
swanlover
post Feb 19 2025, 04:28 PM

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Even if tnb account under tenant , if mining kaw kaw, owner also have to bear..there is no remedy…

Massive so called ‘IT’ companies out there wants ur prop for mining…ought to be careful..

This post has been edited by swanlover: Feb 19 2025, 04:30 PM
daijoubu
post Feb 19 2025, 04:30 PM

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QUOTE(ShadowR1 @ Feb 19 2025, 03:00 PM)
Tnb will still go after LL even the meter ownership changes to tenant.
I guess u miss the news regarding bunch of owner pleading tnb to write off the fines when their tenant run away.
Tenant found to curi letrik mine kelipto.
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I don't think in those case the names of the meter ownership has been changed to the tenant
As in, owner is still the legal owner of the meter, whereas the owner has a rental agreement with the tenant

legally in those situation: tenant/scammer using fake identity <tenancy agreement> owner <meter agreement> tnb

Hence TNB sue owner
And owner has to deal with tenant themselves


If owner change the meter ownership to tenant, then different story, TNB has to change whoever that made agreement with TNB
But owner won't be able to get his meter name changed back to them if the past overdue isn't cleared
billyboy
post Feb 19 2025, 04:39 PM

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Malaysia's Federal Court (highest Court in Malaysia) disagree with you cool2.gif

UPDATE Legal Case - TNB v Chew Thai Kay 2022

TNB cannot go after landlord. Must go after the registered meter owner.

ELECTRICITY SUPPLY

Federal Court (‘FC’): Tenaga Nasional Berhad (‘TNB’) has no power to disconnect electricity supply under section 38(1) of the Electricity Supply Act 1990 (‘ESA’) when there was no continuing offence under section 37 of the ESA

Section 38(1) of the ESA gives TNB, as licensee under the ESA, the power to disconnect electricity supply from premises if a person employed by TNB finds on the premises evidence which gives reasonable grounds for him to believe that an offence has been committed under sections 37(1), (3) or (14) of the ESA.



Issue

Does TNB have the power under section 38(1) of the ESA to disconnect electricity supply from premises when the meter alleged to have been tampered with has been rectified and replaced? This issue confronted the FC in Tenaga Nasional Berhad v Chew Thai Kay & Anor [2022] MLJU 5 (Judgment dated 4.1.2022).



Case summary and decision

TNB inspected its meter installation at premises operating a business of seafood processing on 7.6.2018 and found that there had been tampering of the meter. The meter was then rectified by TNB and replaced, after which TNB continued to supply electricity to the premises. TNB, thereafter, issued a Notice of Disconnection intending to disconnect supply of electricity to the premises on 3.7.2018. In response, the Respondents filed an action against TNB in the High Court (‘HC’) for orders, including that the Notice of Disconnection was unlawful. An application for an interim injunction (‘Interim Injunction’) was also made to prevent TNB from disconnecting the supply of electricity to the premises pending the disposal of the action against TNB. The HC granted the Interim Injunction, which was affirmed by the Court of Appeal. On appeal by TNB to the FC, in a unanimous decision delivered by Azahar Mohamed CJM (Mohd Zawawi, Vernon Ong, Zaleha Yusof and Rhodzariah Bujang FCJJ concurring), the appeal was dismissed. The learned CJM carried out a detailed discussion of the law pre and post the amendment of section 38(1) and came to the conclusion that the amended version under consideration did not alter the law — once a tampered meter had been rectified by TNB and the offence of meter tampering was no longer continuing, TNB had no power to issue the Notice of Disconnection under section 38(1) of the ESA.


QUOTE(swanlover @ Feb 19 2025, 04:28 PM)
Even if tnb account under tenant , if mining kaw kaw, owner also have to bear..there is no remedy…

Massive so called ‘IT’ companies out there wants ur prop for mining…ought to be careful..
*
yhtan
post Feb 19 2025, 04:42 PM

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my recent case dealing with TNB, boss punya property got a new tenant, boss ask tenant to change TNB meter on their name. TNB side require the tenant to do IC thumb print verification, if anything they will go after the company/company director who did the thumb print verification.
hellkvr
post Feb 19 2025, 04:42 PM

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owner liable for everything. thats why u need to check from time to time you property. onwer 50% at fault here. no due diligence to tenant. if me i will ask everything include ctos ccriss
Ashadiya
post Feb 19 2025, 04:43 PM

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QUOTE(Seawater @ Feb 19 2025, 02:27 PM)
That's still better than millions in loss. Go prepaid lah, better for everyone. Then tenant own problem if no top up.
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Err, if the 'tenant' bypass meter, it wouldn't make a difference if its prepaid meter or not
billyboy
post Feb 19 2025, 04:44 PM

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QUOTE(hellkvr @ Feb 19 2025, 04:42 PM)
owner liable for everything. thats why u need to check from time to time you property. onwer 50% at fault here. no due diligence to tenant. if me i will ask everything include ctos ccriss
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cool2.gif
Malaysia's Federal Court (highest Court in Malaysia) disagree with you cool2.gif

bruce.gif
UPDATE Legal Case - TNB v Chew Thai Kay 2022

TNB cannot go after landlord. Must go after the registered meter owner.

ELECTRICITY SUPPLY

Federal Court (‘FC’): Tenaga Nasional Berhad (‘TNB’) has no power to disconnect electricity supply under section 38(1) of the Electricity Supply Act 1990 (‘ESA’) when there was no continuing offence under section 37 of the ESA

Section 38(1) of the ESA gives TNB, as licensee under the ESA, the power to disconnect electricity supply from premises if a person employed by TNB finds on the premises evidence which gives reasonable grounds for him to believe that an offence has been committed under sections 37(1), (3) or (14) of the ESA.

lj0000
post Feb 19 2025, 04:46 PM

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QUOTE(billyboy @ Feb 19 2025, 04:39 PM)
Malaysia's Federal Court (highest Court in Malaysia) disagree with you  cool2.gif

UPDATE Legal Case - TNB v Chew Thai Kay 2022

TNB cannot go after landlord. Must go after the registered meter owner.

ELECTRICITY SUPPLY

Federal Court (‘FC’): Tenaga Nasional Berhad (‘TNB’) has no power to disconnect electricity supply under section 38(1) of the Electricity Supply Act 1990 (‘ESA’) when there was no continuing offence under section 37 of the ESA

Section 38(1) of the ESA gives TNB, as licensee under the ESA, the power to disconnect electricity supply from premises if a person employed by TNB finds on the premises evidence which gives reasonable grounds for him to believe that an offence has been committed under sections 37(1), (3) or (14) of the ESA.
Issue

Does TNB have the power under section 38(1) of the ESA to disconnect electricity supply from premises when the meter alleged to have been tampered with has been rectified and replaced? This issue confronted the FC in Tenaga Nasional Berhad v Chew Thai Kay & Anor [2022] MLJU 5 (Judgment dated 4.1.2022).
Case summary and decision

TNB inspected its meter installation at premises operating a business of seafood processing on 7.6.2018 and found that there had been tampering of the meter. The meter was then rectified by TNB and replaced, after which TNB continued to supply electricity to the premises. TNB, thereafter, issued a Notice of Disconnection intending to disconnect supply of electricity to the premises on 3.7.2018. In response, the Respondents filed an action against TNB in the High Court (‘HC’) for orders, including that the Notice of Disconnection was unlawful. An application for an interim injunction (‘Interim Injunction’) was also made to prevent TNB from disconnecting the supply of electricity to the premises pending the disposal of the action against TNB. The HC granted the Interim Injunction, which was affirmed by the Court of Appeal. On appeal by TNB to the FC, in a unanimous decision delivered by Azahar Mohamed CJM (Mohd Zawawi, Vernon Ong, Zaleha Yusof and Rhodzariah Bujang FCJJ concurring), the appeal was dismissed. The learned CJM carried out a detailed discussion of the law pre and post the amendment of section 38(1) and came to the conclusion that the amended version under consideration did not alter the law — once a tampered meter had been rectified by TNB and the offence of meter tampering was no longer continuing, TNB had no power to issue the Notice of Disconnection under section 38(1) of the ESA.
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So what happen next? Tnb open new account for the landlord to rent to other people?


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