Couple being sued by solar panel firm allege installation fell far short of what they expected
O’Donovans tried to cancel contract after handing over €3,600 deposit
A couple who were issued with court proceedings after they tried to cancel a contract with a solar panel company claim the product and service they received was not up to the standard they expected.
Sean and Maria O’Donovan paid a deposit of €3,600 to The Energy Centre in Duleek, Co Meath, for the installation of 10 solar panels at their home in Ballincollig, Co Cork.
They were unhappy with the service and notified the company last December that they wished to withdraw from the agreement.
However, last month The Energy Centre initiated District Court proceedings against the couple, seeking payment for an outstanding balance of €6,900.
In a defence filed this week, the couple claim there were significant delays with the installation.
They allege their consumer rights were infringed because the company did not go through any of the terms and conditions before they entered into an agreement.
On July 27 last year, the couple paid a deposit after a salesperson from the company called to their home.
The Energy Centre claims the solar panel system “as agreed was duly installed and the claimant duly complied with its obligations as per the agreement with the respondents”.
The O’Donovans wanted to install a four-kilowatt system with 10 panels. Following an engineer’s assessment by the Energy Centre, it was deemed that this system would not fit on the roof.
Instead, it was verbally agreed that a smaller system of eight panels (3.2kW) would be installed.
The couple claim a new contract reflecting the change was not provided. They are also alleging that the system was not installed in the manner they expected.
In a statement of counter-claim, they said: “A ‘no-fuss one-day installation’ turned into seven days over five weeks.”
An invoice was furnished by The Energy Centre on September 4, 2023, seeking the outstanding balance of €6,900. However, the O’Donovans claim the system was not yet working at this point.
It was up and running by October 2, but they claim there was an issue with the system that resulted in it going offline for two weeks in November.
On December 7, they advised The Energy Centre of their intention to withdraw from the purchase. They sought the return of their deposit and asked for the company to collect its solar panel equipment.
They again notified the company by email on December 20 and by registered post on January 8.
A week later, the Energy Centre sent a solicitor’s letter demanding payment for the outstanding amount.
The O’Donovans claim the goods they agreed to purchase were not of an acceptable standard or quality.
They claim they have suffered loss, damage and inconvenience as a result.
When contacted by the Irish Independent, The Energy Centre said it was “waiting on legal advice as this is now a legal matter”.
The company is a renewable-energy service provider that installs solar panels to generate electricity and solar thermal panels that produce hot water.
‘They notified the company last December that they wished to withdraw from the agreement’