The Office for Competition and Consumer Protection (UOKiK) imposed a financial penalty of PLN 21,475,000 on the company Nasz Prąd. By decision of the President of the Office, Tomasz Chróstny, 21 provisions applied in contracts concluded with consumers were deemed prohibited. The company, which deals in particular with the installation of heat pumps, pellet boilers, and photovoltaics, was applying clauses that, according to UOKiK, violated customers' interests. In the issued decision, the Office pointed to a number of practices that could negatively affect the financial and technical situation of users of renewable energy sources.
Controversial contract clauses
The punitive measures were imposed primarily for clauses that deprived consumers of basic guarantees regarding the purchased devices. One of the questioned provisions was the possibility of unilaterally changing the power of the heat pump after signing the contract. The company reserved the right to a "detailed technical verification," as a result of which it could change the parameters and price of the device, without giving the customer the possibility to resign from the contract on equal terms. The President of UOKiK emphasized that the obligation to select appropriate equipment before concluding the contract falls on the entrepreneur as a professional, and not on transferring the consequences of later changes to the consumer.
Particular attention of the Office was drawn to the provision regarding contractual penalties for delay in preparing the building for thermal modernization. If the property was not ready to start work and within two hours this status did not change, the company could charge a penalty of PLN 1,000 for each day of delay. As indicated by UOKiK, in extreme cases, the sum of such fees could exceed the value of the entire investment. Moreover, the contracts did not provide for symmetrical liability of the company for delays on its side, and customers were not informed about the specific technical requirements that the building had to meet for the works to begin before signing the documents.
Another problem was the threat of dismantling devices in case of failure to pay the balance. In the event of non-payment of the amount due within 14 days of signing the acceptance protocol, Nasz Prąd could, for example, dismantle a pellet boiler. The consumer would then bear the costs of installation, dismantling, and lost components, and in the event of damage - the difference in value between new and used equipment. The Office deemed these consequences grossly disproportionate, especially in the context of the fact that the company required customers to pay 90 percent of the price even before the start of installation. In such a situation, the customer risked being left without an installation for which they had paid the majority of funds, while simultaneously facing additional, very high costs.
Liability for the technical condition of the roof
UOKiK also challenged a clause in which the consumer confirmed familiarity with the weight of the renewable energy installation and declared that the roof structure would withstand its load. Such a formulation shifted the responsibility for potential damage or collapse of the roof under the weight of photovoltaic panels to the customer, protecting only the interests of the company. The President of UOKiK noted that a professional offering such services should independently assess the strength of the building structure, rather than delegating this task to the consumer, who often does not possess specialist knowledge in this area.
Further proceedings and notification to the prosecutor
The issued decision is not final, which means that the company Nasz Prąd has the possibility to appeal it to the court. At the same time, the Office informs that complaints from consumers regarding practices applied by the company's representatives are still coming in. They concern, among other things, the method of informing about subsidies, the conclusion of loan agreements, and difficulties in withdrawing from the contract.
An inquiry procedure is ongoing, which is to determine whether Nasz Prąd salespeople misled customers regarding their identity, the purpose of visits, and the principles of financing the investment. In connection with the suspicion of committing a crime when concluding contracts, UOKiK filed a notification with the prosecutor. Tomasz Chróstny emphasized that the office cooperates with law enforcement agencies, and the case is treated as serious due to potential consumer fraud in the renewable energy market.