Tenaga Nasional Berhad v Perbadanan Pengurusan Kompleks Diamond

Appellant(s): Tetuan Tee Bee Kim & Partners

Respondent(s): T & L Park Sdn. Bhd.

• YA Datuk Supang Lian
• YA Datuk Wong Kian Kheong
• YA Datuk Ismail Bin Brahim

• The appellant, a national utility provider, initiated a civil claim against the respondent, a management corporation, to recover loss of revenue arising from alleged meter tampering discovered during an inspection.
• The tampering was found in a meter room located within a commercial complex managed by the respondent, leading the appellant to issue a claim for undercharged electricity consumption.
• The respondent denied liability, contending that they were not the "consumer" of the electricity supplied through the tampered meter as defined under the relevant statute, and that the account was not registered in their name.

• Whether the respondent fell within the statutory definition of a "consumer" under Section 2 of the Electricity Supply Act 1990.
• Whether the appellant could successfully invoke the statutory presumption under Section 38(4) of the Act to hold the respondent liable for the tampered meter and the resulting loss of revenue.
• Whether the appellant had discharged the burden of proof to establish that the respondent was the party actually supplied with electricity or the party that benefited from the tampering.

• The Court dismissed the appeal, holding that the appellant failed to prove the respondent was the "consumer" as defined by law, which is a mandatory prerequisite for liability under Section 38(3) of the Act.
• The Court clarified that a management corporation is not automatically deemed a "consumer" for all meters within a complex; liability requires evidence of a registered account or proof of actual supply to that specific entity.
• The Court emphasized that the statutory presumption of tampering cannot be invoked against an entity unless it is first established that the entity is the "consumer" in relation to the specific tampered meter.