Recently, we provided the services of Expert Witness for a Meter Tampering Case (MIT) to our client DSP (M) Sdn Bhd. TNB (the Plaintiff) has alleged DSP (M) Sdn Bhd. The case was tried at the Klang Sessions Court and we won the case. Our client was also awarded cost of RM 20,000. The judgment for this case can be found here. It details how the expert evidence was presented and accepted by the judge. TNB is now appealing the case.
What to do if you get a Letter of Demand from TNB?
If you receive a letter of demand from TNB, please engage a lawyer / counsel immediately. Here’s a immediate list of do’s and don’ts.
- If possible, please engage a lawyer at once.
- Discuss with TNB only after you have obtained legal advice.
- Do NOT admit to MIT. Discuss this with your lawyer first.
- “TNB did not prove who did the tampering” is NOT defence. TNB does NOT have to prove who did the tampering.
- “Electricity was used by my tenant” is NOT defence, if the electricity account is in your name.
- If you must communicate with TNB, ensure ALL communication is documented.
- If you hand documents to TNB, ensure TNB sign (cop & sign) “Terima” or “Received”. Again, best if this is done via your lawyer.
Our Scope of Work
- To provide technical expertise to the court in relation to the case. We note that our first overriding duty is to provide facts within our areas of expertise to the court.
- Detailed technical review evidence provided by TNB.
- Analysis to determine if any “sudden drop” is caused by actual less usage using regression analysis.
- Review of amount claimed by TNB.
- Check TNB has carried out inspection and demand as per Suruhanjaya Tenaga guidelines.
- Attend court to evaluate evidence provided by TNB’s witnesses.
- Suggest technical questions to counsel and/or points of discrepancies.
- Provide Expert’s Report (via Affidavit) to support the case.
- Review of court recordings and transcripts.
How to Protect Yourself Against Meter Tampering
- Ensure where your TNB meters are is locked. Do NOT allow contractors to access it without your prior knowledge.
- Ensure your contractors do not touch, tamper or remove any TNB meters and metering equipment. If they break any TNB seals, inform TNB at once.
- If you are a landlord, protect yourself. Contact TNB to change the electricity account to your tenant’s name.
- If you have tenants, ensure the Tenancy Agreement is proper, signed, up to date and stamped.
- Keep a record of all your TNB bills, for up to at least 10 years.
- If you are a factory, keep good records of your production / raw material input, output and sales.
- For businesses, ensure your records are audited as per requirements of SSM.
