CLIENT : I received Writ Summon from Tenaga Nasional Berhad(TNB) alleging that metre tempering, what should I do?
I have defended a lot clients when my clients get sued from TNB due to issues such as metre tempering, undercharging of electricity.
Below are the recent cases that I handled.
My client operates hotel business in Klang Valley area. This year when around the months of June and July, the hotels had been served with several writ summon(s) from the lawyers of Tenaga Nasional Berhad(TNB) alleging that the hotel operators had tempered with the metre. Therefore, Tenaga Nasional Berhad claimed losses due to metre tempering
My client approached me and my client feel worry due to the fact the amount claimed by the TNB is enormous sum. Why the sum is enormous ?
First Issue: How TNB determine the period of claim?
For example, TNB conducted checking in my client’s premises somewhere around July 2012, and TNB claimed from August 2008 till July 2012. Here come the question, how TNB decide the period of claim? In order to decide the period of claim, TNB will apply few methods such as “Average method” or “Error method” and the method used are depended on the fact of the case. TNB will check back all the previous bills paid by my client to see the sudden drop in the bill as starting point. This will be the point of argument.
Second Issue : Random Checking of TNB
Bear in the mind that normally TNB will carry the checking randomly but not with a normal routine. This will be the point of argument as well.
Third issue : Oral and documentary evidence
TNB will also tender photos of the metre and photos of premise as evidence. My client then asked me “Ms Khoo, do you think that we have a good case?” After viewing the Writ Summon and Statement of Claim, I immediately tell my client , yes you have a good case. In fact, I managed to defend my client and won the cases. Of course, I am not saying that all cases are 100% sure win but depend on the fact as well. This is due to testimonies of the witnesses of the TNB play the vital role.
Conclusion, don’t feel panic when encountering this kind of problem. Look for lawyer for legal advice.
By Lawyer Khoo, P.J.K. (NSDK)