Thursday, August 18, 2011

TNB withdraws appeal on RM100,000 order for damages

Source: (17/8/2011)
PUTRAJAYA: TNB Distribution Sdn Bhd has withdrawn its appeal against a decision of the Temerloh High Court to order the company to pay about RM100,000 in damages and costs to a consumer for disconnecting power to his shop. Counsel Hadi Mukhlis, who represented TNB Distribution (TNBD), a subsidiary of Tenaga Nasional Bhd, informed a three-man panel of the Court of Appeal today that he had served a notice of discontinuance of appeal on the respondent, Leong Kai Heong, 54.
Justice Datuk Seri Abu Samah Nordin, however, told the parties that the court could not decide on the matter as the appeal had not yet been set before it. The other members of the panel were Datuk Alizatul Khair Osman Khairuddin and Datuk Mohtaruddin Baki.
However, the panel proceeded to hear Leong’s application to strike out TNBD’s appeal which had been fixed for hearing today. He had made the application on the grounds that the memorandum of appeal and the appeal record filed by the company were defective. After hearing submissions, the court dismissed the application and ordered Leong to pay TNBD RM1,000 in costs.
The High Court had, on June 12, 2008, allowed Leong’s claim and declared that TNB’s action in disconnecting electicity to Triang Wan Chon Trading in Pahang was illegal. Judge Datuk Abdul Halim Aman ordered TNBD to pay RM11,326.50 in special damages and RM80,000 in general damages and costs. He also dismissed the company’s counterclaim for special damages amounting to RM47,659.33, exemplary damages, interest and costs.
Leong’s counsel Lim Lip Eng told reporters outside court that TNBD had paid his client damages.
Leong filed suit on June 29, 2004 after power to his shop was disconnected on two occasions. He was told he owed TNB RM47,659.33 for meter tampering. – Bernama

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