KUALA LUMPUR, Sept 18, 2014:
A husband and wife today lost their suit against Syarikat Bekalan Air Selangor Sdn Bhd (Syabas) for breach of statutory duty to supply clean water and provide adequate water pressure to their house.
High Court Judge Datuk Rosnaini Saub dismissed the suit filed by Hashim Maon and his wife Sapiah Putih and ordered them to pay RM10,000 in costs to Syabas and another defendant, Mat Saman Mat Soom, who at that time was acting head of Syabas’ Gombak branch.
Justice Rosnaini however allowed Syabas’ counter claim against the couple for loss and damages as they had carried out illegal reconnection of water supply through an installation of an unauthorised flexible pipe and enjoyed illegal usage of water supply for a period of 42 days from June 10, 2011 to July 21, 2011.
The court ordered Hashim and Sapiah to pay RM1,000 for the operational costs and RM194 for water usage for a period of 42 days to Syabas.
The couple, who at the material time lived in a double-storey house in Kampung Kerdas 2, Gombak, here, had filed the suit in 2012 in relation to poor water quality and low water pressure.
The judge in a 20-page judgment, said that after reviewing the evidence, she was of the view that Hashim and Sapiah had failed to sufficiently prove their case against Syabas over the allegation of poor water quality and low water pressure.
In dismissing the suit, Rosnaini held that the plaintiffs had failed on balance of probabilities that Syabas had committed breach of statutory duty in the supply of water to their house as there was evidence that the water quality supplied was in compliance with the minimum standard prescribed by the Health Ministry.
Furthermore, she said the water pressure was also sufficient for the area where the plaintiffs’ house was located.
Rosnaini said there was no evidence provided in court by the couple to show that other households in the area suffered a similar water pressure problem.
“As I have alluded to, the plaintiffs could be responsible for this water pressure problem as they have made unauthorised installation of pipes,” she said.
Rosnaini noted that it appeared that only the plaintiffs were complaining about the poor water quality while there was no evidence to show other households in the area faced the same problem.
She also said it was not in dispute that the plaintiffs had reconnected the water supply using a flexible pipe without authorisation from Syabas and as such the act was an offence under Water Services Industry Act.
The judge made the ruling after hearing evidence from six witnesses of the plaintiffs and seven from the defendant’s side.