Structural damage and roof leakage caused by KSEB rooftop solar installation – legal remedy and compensation options

Question

► My mother had signed an agreement with KSEB (Kerala State Electricity Board) around 3 years ago under the Soura Rooftop Solar Project (Model II). The solar panels were installed covering almost the entire roof, which made it impossible for us to carry out the regular cleaning and waterproof maintenance we used to perform before every monsoon. At that time, my father was suffering from stage IV cancer, and our family was completely occupied with his treatment and care. Sadly, he passed away two years ago, and even afterward, several personal and practical matters kept us busy. Because of this, we could not check the rooftop for some time. When we recently noticed water seeping through the roof and dampness on the walls, we went up to inspect and were shocked to see the poor condition of the roof, with significant leakage and trapped moisture beneath the solar panels. We believe this damage occurred because KSEB’s installation blocked access and violated their obligation to make only minimum alterations, as stated in the agreement (Clauses 1(c) and 1(e)). We plan to request KSEB to either: 1. Fully repair the roof, clean and waterproof it, and install a protective stainless-steel roofing (about 7 feet above the concrete roof) at their cost, or 2. Provide adequate compensation so that we can carry out the permanent restoration ourselves. If KSEB or the concerned authorities deny our request, do we have a strong legal stand to claim compensation or compel them to fix the damage? Also, which forum would be most suitable for us to approach — the KSEB Consumer Grievance Redressal Forum, the Consumer Court, or the Civil Court?

Answer 1

Dear Sir, as per your query,

You should first approach the KSEB Consumer Grievance Redressal Forum. This is the first internal remedy for complaints against KSEB.

You can file a written complaint with supporting documents to the Executive Engineer (CGRF) of your region. If not satisfied, you can appeal to the Electricity Ombudsman (Thiruvananthapuram).

If KSEB or its contractor fails to act, or if you receive an unsatisfactory response, you can approach the Consumer Commission under the Consumer Protection Act, 2019, for:

Deficiency of service,

Negligence,

Compensation for repair cost and mental distress.

For further clarification and details, feel free to contact our OLQ Team for a detailed consultation.

Answer 2

Hi,

The entire agreement needs to be read and understood.

However, on a macro view, looks like you have a solid legal case as against them.

You can definitely file civil proceedings for breach of contractual obligations, costs, damages and compensation.

For further discussions feel free to connect.

Structural damage and roof leakage caused by KSEB rooftop solar installation – legal remedy and compensation options

2 Answers