High Court rules on 'water obligation'
30/12/2003 The Star By K.Kasturi Dewi
Penang: The High Court here ruled yesterday that the Penang Water Supply Corporation (PBA) should not resort to using the
"draconian action" of disconnecting supply to a consumer because it would be breaching its statutory obligation.
Justice Dr R.K. Nathan told PBA's counsel Rosli Ismail that his client should not have taken the easy way out when there was an
alternative measure to take up the case with the courts to recover the amount owed by a consumer, failing which, an order could be
obtained to disconnect supply.
"As the licensee, the PBA has breached its statutory duty under the Water Supply Enactment 1998 by disconnecting water supply to
the premises," he added.
Justice Dr Nathan said this when allowing an injunction application by hospital security manager R. Rajah, 48, to restrain PBA or
its agents from disconnecting water supply to his premises at Taman Jentayu in Simpang Ampat, Seberang Perai Selatan.
He also ordered PBA to bear the cost of restoring supply to the house and allowed Rajah costs with other relief deemd fit by the
court.
Rajah, represented by Fathima Idris, in his affidavit supporting his application, said he had always paid his water bills on time
but recieved a bill in September last year, demanding payment of RM3,047.02 as arrears.
He said he went to the PBA branch office to protest and was referred to the head office in Komtar.
"The officers there insisted that I settle the arrears and they did not want to accept payment for the pending bill." he said,
adding that his water supply was cut just before Deepavali this year.
Rajah said PBA workers conducted two tests on the water pipes at this premises but found no leakages.
"I live in the house with my wife and our monthly consumption does not exceed RM25.
"As a result of the water cut, my wife and I have suffered embarassment and had to rely on help from neighbours and friends for
our daily activities," Rajah added.
In his affidavit-in-reply, PBA corporate services manager Nizamuddin Mokhtar said reading errors were committed by a meter reader
between July 1999 and September 2002.
He said upon realising the mistake, PBA had adjusted the readings and issued the arrears amount to be paid by Rajah.
Nizamuddin also said PBA had given Rajah a year before cutting the supply. |
| |
|
