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

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lj0000
post Feb 19 2025, 02:42 PM

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QUOTE(sunami @ Feb 19 2025, 02:40 PM)
just ask the tenant to apply tnb account under their name.
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No use. Tnb still go after the owner
lj0000
post Feb 19 2025, 03:12 PM

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QUOTE(billyboy @ Feb 19 2025, 02:51 PM)
are you sure ke ?

This argument was raised by the appellant in the case of Thomas Thomas@Mohan a/l K Thomas v Tenaga Nasional Berhad & Ors [2017] MLJU 70 (“Thomas”). The Appellant argued that he should not be held liable as he was not the occupier of the premises and therefore not the consumer of the electricity.

The Court of Appeal in Thomas followed the decision in Tenaga Nasional Bhd v Empayar Canggih Sdn Bhd (previously known as ODVD Manufacturer Sdn Bhd) [2014] 8 MLJ 280, where it was held that it was the registered consumer that was responsible as the power and supply agreement with TNB was in their name. 

https://www.thomasphilip.com.my/articles/i-...eter-tampering/
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If don't pay, tnb won't resume supply. Making you not able to rent out. You still lose
lj0000
post Feb 19 2025, 03:13 PM

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QUOTE(sunami @ Feb 19 2025, 02:46 PM)
hmm.gif
y so?
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Loophole. Tnb is the sole supplier of electricity
You can never win
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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