Injunction against Enemalta refused

A request for a warrant of prohibitory injunction against Enemalta has been thrown out of court, with the applicant told to settle his €87,000 debt with the electricity supplier.

Mr Justice Mark Chetcuti argued that the request filed by Sandro Vella, owner of two confectioneries, in Zabbar and Bormla, “was simply a request not to honour an agreement” he had entered into with Enemalta.

In a crackdown on electricity thefts last year, Enemalta uncovered over 850 cases, some dating back 10 years.

Consumers who knowingly tampered with their meters were urged to come forward and pay for the stolen electricity and fines; the company drafted payment programmes but also warned of immediate disconnection of supply in case of default.

A Gozo court last month upheld a request for an injunction after hearing how Teddy Cefai had allegedly been threatened by Enemalta officials with being cut off unless he paid €9,300.

Cefai testified that he was faced with a take-it-or-leave-it offer despite denying he had done anything wrong. While the Gozo case is now subject to pending criminal action, the move attracted the attention of other individuals found to have tampered with their electricity meter.

In his request for the warrant, Vella argued that Enemalta had “pressured him” into admitting owing €87,000 without being given a clear explanation or the opportunity to evaluate the sum.

In its reply, Enemalta however denied coercing Vella and said that multiple meetings were held, during which Vella had also sought legal advice. Arguing that the consumer had “now simply changed his mind”, the agreement signed between the two parties was binding and Vella had paid €4,000 in two down payments.

In its four-page submission, Enemalta said it never threatened Vella but the corporation was reserving all its rights at law should the consumer breach the agreement.