Sessions Court: A Bare Denial Won’t Rebut TNB’s Prima Facie Evidence of Meter Tampering
18 June 2026 | For businesses, factory operators, and in‑house counsel
What Happened
TNB inspectors found a missing terminal seal and a hidden control circuit at a wood‑based factory in Port Klang — evidence that the meter had been rigged to under‑record electricity consumption. TNB calculated its revenue loss and operational costs at RM476,124.65 and sued the registered consumer, Top Status KD Sdn Bhd. The company blamed the drop in usage on reduced production during the MCO, but the Sessions Court noted that the loss period began before the MCO and rejected that explanation. The court held that TNB’s certified statement of loss was prima facie evidence under the Electricity Supply Act 1990, and the company’s bare denial failed to raise any credible doubt. Judgment was entered for the full amount claimed.
Why It Matters
- TNB’s certified loss statement is difficult to challenge. Once TNB produces a statement under Section 38(4) of the Electricity Supply Act, the burden shifts to the consumer. A bare denial — without documentary or expert evidence — will almost certainly fail.
- The registered consumer is responsible, even if they didn’t personally tamper with the meter. The account holder bears the legal risk. Delegating site management to a contractor does not insulate the company from back‑billing.
- Tampering is a false economy. The short‑term savings from under‑recording are dwarfed by the eventual back‑bill, legal costs, and reputational damage. Early settlement after discovery often costs far less than litigating a weak defence.
What You Should Do Now
- Inspect and document your meter installations now. Engage a qualified electrical contractor to verify that all seals are intact and no unauthorised circuits are present. Maintain dated photographic records.
- If TNB alleges tampering, act immediately. Obtain the certified loss statement and review it with legal counsel. If there are genuine errors in the calculation, raise them promptly with supporting evidence — not a bare denial.
- Audit your internal compliance protocols. Ensure that site managers and maintenance staff understand that meter tampering is an offence under the Electricity Supply Act, and that any interference with the meter — no matter how small — exposes the company to significant financial liability.
- Consider early resolution. If tampering is proven, assess the cost of settlement versus litigation. The longer a dispute runs, the larger the legal bill — and the original back‑bill remains payable.
→ Need help with regulatory compliance or energy‑related disputes?
© Justiciable. For general information and educational purposes only—not legal advice.
justiciable.media