Justice Jamhirah Ali said the sessions court was correct to hold Siah Fishery Seafood Sdn Bhd liable for installing a clamp at the terminal block inside the meter.

The court said the clamp had caused the meter to under-record the consumption of power at the wholesaler’s premises.

“The accuracy test showed that only 7.16% of power consumed was recorded, with a loss margin of 92.84%.

“This is not a minor discrepancy. It is a clear indication that electricity was being used but not fully recorded,” said Jamhirah in a written judgment dated March 27.

The judge noted that one of the wholesaler’s employees had during his testimony admitted to installing the clamp.

She also said the company’s owner had acknowledged using the device to reduce its electricity charges.

“As a result, they benefitted from under-recorded electricity usage to the financial detriment of TNB,” said Jamhirah.

Siah Fishery initially filed a lawsuit against TNB, seeking a refund of RM236,057.60. It said the sum paid was without basis as the utility company had already disconnected the supply of power to its premises in 2022.

However, the court rejected that contention.

“There was no evidence that TNB pressured the company to make the payments.

“The plaintiff (Siah Fishery) voluntarily entered into a payment arrangement during a negotiation session (with TNB) in 2022,” said Jamhirah, dismissing Siah Fishery’s suit with costs.

The judge, however, allowed TNB’s counterclaim to recover RM444,444.40, the value of unrecorded electricity used by the company.

In a letter, Siah Fishery’s lawyers said their client has appealed to the Court of Appeal against the decision in its entirety, with case management fixed for April 29.