Untuk isu samada Defendan bertanggungan terhadap penggunaan elektrik atau tuntutan kerugian hasil bagi kes pengusikan di premis tersebut, mahkamah ini mendapati bahawa Defendan adalah bertanggungan, berdasarkan kepada otoriti seperti berikut: S/N D2DjjFhpaEyzaglSb1K/7w a. Thomas Thomas @ Mohan a/l K Thomas v Tenaga Nasional Bhd [2018] 5 MLJ 831 di mana Mahkamah Rayuan memutuskan: “[17] In our view, in an action by TNB to recover loss of revenue resulting from meter tampering, a registered consumer cannot avail himself of such defence for the simple reason that it will result in unjust enrichment to the consumer. He can only be absolved of liability if he can show that no electricity was consumed at the premises during the period that the meter was tampered with. [18] It is not open to the appellant to say that he did not ‘benefit’ from the consumption of the electricity on the ground that the premises had been ‘continuously occupied by an unbroken chain of tenants’. The simple truth is, the premises belonged to him and he was the registered consumer under account No 012364675401. Section 71 of the Contracts Act 1950 therefore comes into play. The provision reads: 71 Obligation of person enjoying benefit of non-gratuitous act Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered. [19] It is true that the premises was rented to and occupied by a third party and the appellant never occupied the premises, but the appellant cannot run away from the fact that the agreement for the supply of electricity to the premises was between him and TNB and did not involve any third party. S/N D2DjjFhpaEyzaglSb1K/7w [20] Therefore, as far as consumption of electricity in the premises is concerned, it was the appellant’s sole responsibility, being the ‘consumer’ under the agreement, to pay all outstanding charges due to TNB. On the evidence as found by the learned sessions court judge and as affirmed by the learned High Court judge on appeal, electricity had in fact been consumed during the period from 22 September 2004–21 December