Judge Che Mohd Ruzima Ghazali dismissed the application by Messrs BH Koh, Soong, Zarin & Partners on the grounds that the matter was a question of law that involved the interests of other consumers.

In the judgment, he said the court found that the rebate payment as stipulated by the law was 2.5% a year, but the law did not state the method or how the payment should be made.

TNB is still making the payment and consumers do not incur any loss, he said.

He also said no mandamus order could be issued since, under the Energy Commission Act 2001, the power of the minister was not absolute.

Messrs BH Koh, Soong, Zarin & Partners had filed applications for a judicial review and a mandamus order to compel the minister, as the first respondent, to order the Energy Commission (the second respondent), who is the regulator for TNB, to reflect the annual rebate in consumers’ January bills, instead of adding the amount into their deposit.

At today’s proceedings, the minister was represented by lawyer S Malar Selvi and the Energy Commission by lawyers Muhammad Fairuz Ahmad Yusof and Dir Kheizwan Kamaruddin.

The legal firm was represented by lawyer Cheong Yau Kheong.