The District Consumer Disputes Redressal Commission, Thrissur, comprising President Sri C.T. Sabu and Members Sreeja S and Ram Mohan R , has held the Kerala Water Authority (KWA) liable for deficiency in service and unfair trade practice for issuing arbitrary water bills despite recording the same meter reading over consecutive billing cycles. The Commission observed that raising water consumption charges despite identical meter readings was arbitrary and deprived the consumer of the right to be informed of the basis on which the charges were raised.

Brief Facts

The complainant, Kerala State Service Pensioners Union, Anthikkad Block, was a consumer of the Kerala Water Authority (KWA). The complainant alleged that despite not receiving any water supply for a considerable period, the KWA continued issuing water bills showing consumption. Three consecutive bills dated 23-07-2021, 20-09-2021 and 22-11-2021 reflected the same meter reading of '123', yet each bill recorded consumption of 4 KL and demanded payment.

The complainant contended that the bills were arbitrary, unfounded and contrary to the recorded meter reading. Despite issuing a legal notice, the KWA neither rectified the issue nor provided adequate water supply.

Alleging deficiency in service and unfair trade practice, the complainant filed a consumer complaint under Section 35(1) of the Consumer Protection Act, 2019, seeking refund of the excess amount collected, compensation for mental agony and hardship, litigation costs, and a direction to ensure proper water supply.

Contentions of the Parties

The Opposite Parties did not file any written version or contest the complaint despite receiving notice from the Commission. Consequently, the proceedings were conducted ex parte against them. The Commission observed that their failure to file a written statement amounted to an admission of the complainant's allegations, leaving the evidence produced by the complainant unrebutted.

Observations and Decision

The Commission observed that the three consecutive demand and disconnection bills issued by the Kerala Water Authority reflected the same meter reading of '123', yet each bill recorded a consumption of 4 KL. It held that the bills were arbitrary and unfounded, as no change in the meter reading justified the recorded consumption. The Commission observed that issuing such bills without explaining the basis of the demand deprived the consumer of the right to be informed of the essential parameters on the basis of which payment was sought, amounting to both deficiency in service and unfair trade practice. It further noted that the opposite parties failed to file a written version despite receiving notice, leaving the complainant's evidence unrebutted.

Accordingly, the Commission allowed the complaint and directed the opposite parties to jointly and severally refund ₹1,323, representing the amount paid pursuant to the arbitrary demand bills. It also awarded ₹5,000 as compensation for the agony and hardship suffered by the complainant and ₹5,000 towards litigation costs, with 9% interest per annum from the date of filing of the complaint till realization. The Commission further directed the opposite parties to ensure proper and adequate water supply to the complainant and avoid avoidable disruption in supply.

Case Title: Kerala State Service Pensioners Union v. Assistant Engineer, P.H. Section, Kerala Water Authority & Others

Case No.: CC/27/22

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