Solar energy has witnessed a significant surge in India, driven by the government’s push towards renewable energy sources and the increasing awareness among consumers about environmental sustainability. However, the growth in solar panel installations has also led to a rise in issues related to solar panel defects and the legal intricacies surrounding warranty litigation. This article aims to provide a comprehensive guide on the legal aspects of Solar Panel Defect and Warranty Litigation in India.

The primary objective is to educate homeowners and businesses about their rights and legal recourse in the event of defective solar panels, and the role of warranties in protecting their investment. 

Understanding Solar Panel Defects

Solar panel defects can significantly impact the performance and longevity of a solar energy system. Understanding the types of defects and their legal implications is crucial for homeowners and businesses.

Common Types of Solar Panel Defects:

• Manufacturing Defects: These are flaws that occur during the production of solar panels. Issues such as micro-cracks, hot spots and delamination are common manufacturing defects. Under the Consumer Protection Act, 2019, consumers can seek redressal if they receive defective products, including solar panels.
• Installation Issues: Faulty installation can lead to various problems, including improper wiring, inadequate mounting, and poor alignment of the panels. The Indian Contract Act, 1872 covers breaches of contract terms, including improper installation by service providers.
• Environmental Damage: Solar panels are exposed to harsh environmental conditions such as hailstorms, extreme temperatures, and cyclones. While warranties often cover environmental damage, specific exclusions may apply. The case of no compensation for solar panels damaged in Cyclone Tauktae highlighted the limitations of some warranties.

Types of Solar Panel Warranties

Solar panel warranties are critical for safeguarding your investment against solar panel defects and ensuring that the panels perform as expected. In India, these warranties are governed by various laws and regulations that provide legal recourse in case of disputes.

• Product Warranties: Product warranties cover defects in the materials and workmanship of the solar panels. They typically last for 10-25 years and are provided by the manufacturer. Under the Consumer Protection Act, 2019, consumers can claim repairs or replacements if the panels fail due to manufacturing defects. For instance, if a solar panel exhibits manufacturing defects such as micro-cracks or delamination within the warranty period, the manufacturer is legally obligated to rectify the issue.
• Performance Warranties: Performance warranties guarantee that the solar panels will generate a specific amount of energy over a defined period, usually 25 years. If the panels produce less energy than promised, the manufacturer or installer must compensate the consumer for the lost energy. This is crucial for maximizing your return on investment (ROI) and ensuring the panels perform optimally. Under the Indian Contract Act, 1872, any breach in performance warranties can lead to legal claims for compensation.

Comparison Between Product and Performance Warranties:

• Product Warranties focus on the physical aspects of the panels, covering defects and failures in materials or workmanship.
• Performance Warranties ensure the panels meet specific energy production standards, providing financial compensation if they underperform.

Legal Framework for Solar Panel Warranties in India

In India, the legal framework governing solar panel defects and warranties is designed to protect consumers and ensure fair practices among manufacturers and installers. 

Overview of Relevant Laws and Regulations:

Consumer Protection Act, 2019:

• This act provides a robust framework for protecting consumer rights. It covers unfair trade practices, defective products, and deficient services, including those related to solar panels.
• Under this act, consumers can file complaints in consumer courts if they encounter issues with solar panel defects or if their warranty claims are unjustly denied.

Indian Contract Act, 1872:

• This act governs contractual relationships, including the agreements between consumers and solar panel manufacturers or installers.
• It ensures that the terms of warranties, whether product or performance, are legally binding. Any breach of these terms can lead to legal action for compensation or specific performance.

Ministry of New and Renewable Energy (MNRE) Guidelines:

• The MNRE has issued guidelines to standardize the installation and maintenance of solar panels. These guidelines emphasize the need for comprehensive warranties to protect consumer interests.
• Compliance with MNRE guidelines is mandatory for companies seeking government subsidies or incentives for solar projects.

Important Clauses and Conditions in Warranty Agreements:

• Coverage Details: The warranty should explicitly state what defects or performance issues are covered, including specific exclusions.
• Duration: Warranties typically last for 10-25 years. It’s important to understand the duration and any conditions that might shorten this period.
• Claim Process: Clear instructions on how to file a warranty claim, including the necessary documentation and timelines for response.
• Limitations and Exclusions: Some warranties exclude certain types of damage (e.g., environmental damage) or may not cover labour costs for repairs.

Legal Concerns and Recourse:

• Breach of Warranty: If a manufacturer or installer fails to honor a warranty claim, the consumer can seek legal recourse under the Indian Contract Act, 1872. This can involve filing a suit for breach of contract or seeking damages.
• Consumer Courts: Under the Consumer Protection Act, 2019, consumers can approach consumer courts for quick and cost-effective resolution of disputes related to defective solar panels or denied warranty claims.
• Arbitration and Mediation: Many warranty agreements include clauses for arbitration or mediation as alternative dispute resolution mechanisms. This can provide a faster resolution compared to traditional litigation.

Steps to Take When Facing Solar Panel Defects

When encountering solar panel defects, it’s essential to follow a structured approach to ensure your rights are protected and you can leverage your warranty effectively. 

Documenting the Defect:

• Detailed Records: Maintain detailed records of the defect, including photographs, videos, and written descriptions. This documentation is crucial for substantiating your warranty claim.
• Performance Logs: Keep logs of the solar panel’s performance metrics to highlight deviations from the expected output, which is essential for performance warranties.

Notifying the Manufacturer or Installer:

• Formal Notification: Inform the manufacturer or installer about the defect in writing. This notification should include all relevant documentation and a clear description of the issue.
• Warranty Terms Compliance: Ensure that your notification complies with the terms and conditions outlined in your warranty agreement. This includes adhering to any specified timelines for reporting defects.

Understanding the Warranty Claim Process:

• Required Documentation: Gather all necessary documents, such as the purchase invoice, warranty certificate, and maintenance records. This documentation is essential for validating your warranty claim.
• Claim Submission: Submit your claim following the procedures outlined in the warranty agreement. This may include filling out specific forms or providing additional evidence of the defect.
• Timeline for Claims: Be aware of the timeline within which the manufacturer or installer is required to respond to your claim. The Consumer Protection Act, 2019 mandates timely redressal of consumer grievances.

Legal Steps if the Claim is Denied:

• Review Warranty Terms: Carefully review the warranty terms to understand the grounds for denial. Ensure that the denial is not based on arbitrary or unfair reasons.
• Consumer Protection Act, 2019: If the claim is unjustly denied, file a complaint with the relevant consumer court under the Consumer Protection Act, 2019. This act provides a streamlined process for addressing grievances related to solar panel defects and warranty claims.
• Legal Notice: Consider sending a legal notice to the manufacturer or installer, outlining your intention to seek legal recourse if the issue is not resolved amicably.

Alternative Dispute Resolution:

• Arbitration and Mediation: Many warranty agreements include clauses for arbitration or mediation as alternatives to court litigation. These methods can provide faster and more cost-effective resolutions.
• Legal Representation: Engage a lawyer specializing in solar energy disputes to assist with the arbitration or mediation process, ensuring that your interests are adequately represented.

Navigating Warranty Litigation

When solar panel defects arise and warranty claims are denied or unresolved, pursuing litigation may become necessary. Navigating the legal landscape effectively requires a thorough understanding of the relevant laws and the litigation process.

When to Consider Litigation:

• Unresolved Claims: If your warranty claim is denied without a valid reason or remains unresolved despite repeated attempts to address it.
• Significant Financial Impact: When the defect has a substantial financial impact, such as a significant loss in energy production or high repair costs.
• Legal Rights Violation: If the manufacturer’s or installer’s actions constitute a breach of contract or violate consumer protection laws.

Hiring a Lawyer Specializing in Solar Energy Disputes:

• Expertise: Engage a lawyer who specializes in solar energy disputes and has experience with solar panel defects and warranty litigation.
• Legal Strategy: A specialized lawyer can develop a strategic approach, including gathering evidence, filing a lawsuit, and representing you in court.

Legal Procedures and Steps Involved:

Pre-litigation Steps:

• Legal Notice: Send a formal legal notice to the manufacturer or installer, outlining the defect, the unresolved warranty claim, and your intention to pursue legal action.
• Attempt Mediation: As per many warranty agreements, attempt mediation or arbitration to resolve the dispute without going to court.

Filing a Lawsuit:

• Jurisdiction: Determine the appropriate jurisdiction for filing the lawsuit. Consumer disputes are typically handled by consumer courts under the Consumer Protection Act, 2019.
• Complaint Drafting: Draft a detailed complaint outlining the defect, the warranty terms, the denial or non-response to the warranty claim, and the relief sought.

Court Proceedings:

• Submission of Evidence: Present all relevant evidence, including documentation of the defect, warranty terms, communication with the manufacturer or installer, and any expert opinions.
• Legal Arguments: Your lawyer will argue the case, focusing on the breach of warranty terms, the financial impact of the defect, and any violations of the Consumer Protection Act, 2019 or the Indian Contract Act, 1872.

Judgment and Enforcement:

• Court Ruling: The court will issue a judgment based on the evidence and legal arguments. If the court rules in your favour, it may order the manufacturer or installer to repair or replace the defective panels, compensate for the financial loss, or both.
• Enforcement: If the judgment is not voluntarily complied with, legal mechanisms are available to enforce the court’s order, ensuring that you receive the awarded relief.

Frequently Asked Questions 

1. What is covered under a typical solar panel warranty in India?

A typical solar panel warranty in India includes two main types of coverage: product warranties and performance warranties. Product warranties cover defects in materials and workmanship, ensuring that the solar panels are free from manufacturing defects. This coverage usually includes issues like broken glass, faulty wiring, and defective cells. Performance warranties guarantee that the panels will produce a specified amount of energy over a certain period, usually around 80-90% of the original rated output after 25 years. These warranties protect consumers from significant declines in energy production due to inherent defects or premature degradation.

2. How long do solar panel warranties usually last?

Solar panel warranties in India typically last between 10 to 25 years. Product warranties often span 10-15 years, covering manufacturing defects and workmanship issues. Performance warranties generally extend up to 25 years, ensuring that the panels maintain a certain level of energy output over time. The exact duration can vary depending on the manufacturer and the specific terms of the warranty agreement.

3. What should I do if my warranty claim is denied?

If your warranty claim is denied, the first step is to review the warranty terms and the reason for denial carefully. Ensure that the claim was filed correctly and that all required documentation was provided. If the denial seems unjustified, you can escalate the issue by contacting consumer protection authorities or seeking legal advice. Under the Consumer Protection Act, 2019, you can file a complaint in consumer courts for redressal. Additionally, consider sending a formal legal notice to the manufacturer or installer, outlining your intention to pursue legal action if the issue is not resolved.

4. Can I pursue legal action if my solar panel system fails?

Yes, you can pursue legal action if your solar panel system fails and the manufacturer or installer does not honor the warranty or rectify the issue. Under the Consumer Protection Act, 2019, you can file a complaint in consumer courts for defective products or deficient services. Additionally, if there is a breach of warranty terms, you can seek compensation or specific performance under the Indian Contract Act, 1872. Engaging a lawyer specializing in solar energy disputes can help navigate the legal process and increase the likelihood of a favorable outcome.

5. How can I ensure my solar panels remain in good condition?

To ensure your solar panels remain in good condition, follow these best practices:

• Regular Inspections: Conduct periodic inspections to detect any physical damage or performance issues early.
• Professional Maintenance: Hire professional maintenance services to perform detailed checks and maintenance tasks.
• Cleaning: Regularly clean the panels to remove dust, debris, and other obstructions that can reduce efficiency.
• Monitoring Systems: Install monitoring systems to continuously track the performance and identify any declines in energy production.
• Documentation: Keep detailed records of all maintenance activities, inspections, and performance data, which can be crucial for validating warranty claims and ensuring long-term reliability.

Conclusion

Navigating the landscape of solar panel defects and warranty litigation in India requires a comprehensive understanding of the relevant laws, including the Consumer Protection Act, 2019 and the Indian Contract Act, 1872. By being informed about the types of warranties available, the steps to take when defects arise, and the legal recourse options, consumers can effectively safeguard their investments in solar energy. Proactive measures, such as selecting high-quality products, ensuring proper installation, and conducting regular maintenance, are crucial in preventing defects and avoiding legal disputes.

Moreover, understanding and thoroughly reviewing warranty terms before making a purchase can provide significant protection and peace of mind. In cases where litigation becomes necessary, having a clear legal strategy and the support of specialized legal professionals can help achieve a favorable outcome. Ultimately, by staying informed and prepared, consumers can fully enjoy the benefits of solar energy, confident in their ability to handle any potential issues that may arise.

Expert Legal Assistance for Solar Panel Issues

R Associates specializes in solar energy disputes and offers comprehensive legal services to protect your investment and rights. With a deep understanding of the Consumer Protection Act, 2019, the Indian Contract Act, 1872 and MNRE guidelines, our team is equipped to provide expert advice, represent you in consumer courts and guide you through alternative dispute resolution processes like arbitration and mediation. Contact R Associates today to ensure that your solar energy investment is safeguarded, and you receive the justice and compensation you deserve.

On 19.03.2024, the Hon’ble Appellate Tribunal for Electricity (‘Appellate Tribunal’) allowed an appeal filed by the Punjab Utilities (‘PSPCL’) setting aside Order dated 05.09.2023 passed by the Punjab State Electricity Regulatory Commission (‘PSERC’).

BACKGROUND

A Long-Term Power Purchase Agreement (‘PPA’) was executed between PSPCL, a distribution company owned by the State Government in the State of Punjab, and Chandigarh Distillers and Bottlers Ltd. (‘CDBL’) for the supply of upto 5 MW of surplus power. The PPA specifically deals with the contingency wherein Accelerated Depreciation has been availed by a generating company, namely that same would amount to a reduction of 8 paisa per unit in the tariff.

PSPCL issued a recovery notice on account of reduction of tariff by 8 paisa per unit as a result of Accelerated Depreciation availed by CDBL in terms of Income Tax Act, 1961. CDBL then, approached the PSERC challenging the recovery notices issued by PSPCL. PSERC vide its Order dated 05.09.2024, on the issue of reduction of tariff on account of availing Accelerated Depreciation held that the demand notice is not in accordance with the PPA as Article 2.1 specifies ‘Section 80(1)(A) of the Income Tax Act’, whereas, CDBL has availed Accelerated Depreciation under Section 32 of the Income Tax Act and directed PSPCL to refund the amount along with the applicable late payment surcharge. The Review Petition filed by PSPCL on the ground that there is no ‘Section 80 (1) (A)’ under the Income Tax Act, 1961 was also dismissed by the PSERC.

The only question for deliberation before the Appellate Tribunal was whether mentioning of a wrong section in the PPA would disentitle PSPCL, in recovering the benefits of Accelerated Depreciation being availed by CDBL.

SUBMISSIONS OF PSPCL BEFORE THE APPELLATE TRIBUNAL

The reference to ‘Section 80 (1) (A)’ in Article 2.1.1 (ii) of the PPA is clearly an inadvertent clerical error as there exists no such provision in the Income Tax Act, 1961. Accelerated Depreciation has been provided in Section 32 of the Income Tax Act, 1961.  

The mere use of the nomenclature ’80 (1) A’ of the Income Tax Act, 1961 does not dilute or take away from the intent of the PPA, namely, to pass on the benefits of the Accelerated Depreciation onto the procurer and consequently the consumers of the State of Punjab.

The PSERC has neither given a finding on the merits of the case as to whether CDBL had availed the benefit of Acceleration Depreciation nor has examined the documents such Income Tax Records, Chartered Accounts Certificates etc placed on record by PSPCL.

ANALYSIS AND CONCLUSION

The Appellate Tribunal observed that Chapter VI of the Income Tax Act relates to deductions to be made in computing the total income of an assessee. ‘Section 80A’, thereunder, relates to deductions to be made in computing the total income. Neither Chapter VI nor any other Chapter of the Income Tax Act contains any provision numbered as ‘Section 80(1)(A)’ at all. Accelerated depreciation is provided for under Section 32 of the Income Tax Act, 1961.

Further, the Appellate Tribunal held that if the construction placed by the PSERC is accepted that would mean that CDBL is entitled to higher tariff even if they are availing accelerated depreciation as it can never be said to have availed the benefit under the non existent ‘Section 80(1)(A)’ of the Income Tax Act. Consequently, PPA must be read after deleting the term ‘Section 80(1)(A)’ of the Income Tax Act.

The Appellate Tribunal rejected the view taken by the PSERC and remanded the matter to the PSERC to examine whether, on facts, CDBL has availed Accelerated Depreciation after deleting the term ‘Section 80(1)(A)’ of the Income Tax Act therefrom.

The Central Electricity Regulatory Commission vide order dated 25.04.2024 has granted transmission line to Butwal-Gorakhpur Cross Border Power Transmission Limited (‘BGCPTL’), a joint venture between Powergrid Corporation of India Limited (‘PGCIL’) and Nepal Electricity Authority (‘NEA’) for implementation of Indian Portion of New Butwal – Gorakhpur 400 kV Double Circuit Cross Border Interconnection Transmission line and associated work.

As of present, there is only one high-capacity Muzaffarpur (India) – Dhalkebar (Nepal) cross-border link between India and Nepal. In case of an outage of this existing transmission line, it was predicted that Nepal would face grid disturbances and even a blackout. To prevent such a situation, and to supply secure and reliable power to Nepal, a second high-capacity transmission line is required.

Importantly, BGCPTL has been formed after approval of the Ministry of Power and NITI Aayog and has been nominated by the Government authorities of both India and Nepal to implement the transmission Project.

The Central Commission was of the view that BGCPTL does not fulfil any of the eligibility conditions for the grant of a transmission licence, however, considering the importance of the Transmission Project in promoting the exchange of power between India and Nepal and the policy decision of the Government, exercised its Power to Relax and granted license to BGCPTL for implementation of Indian portion of New Butwal- Gorakhpur 400 kV Double Circuit Cross-border interconnection transmission line.

This Project will strengthen the already existing Transmission System between India and Nepal and also reduce the risk of any outage or blackout in Nepal. This project will also play a key role in enhancing the relations between both the countries.