MOFA Amendments Weaken Consumer Protection, Favour Builders: Advocate Gyanraj Sant
Pune, 2nd February 2026: The removal of provisions for criminal action against builders from the Maharashtra Ownership Flats Act (MOFA), and the absence of strong penal provisions in the Real Estate (Regulation and Development) Act (RERA), have weakened consumer protection and tilted the balance in favour of developers, said advocate Gyanraj Sant, Vice-President of the Consumer Commission Lawyers’ Association, on Sunday.
Speaking at a lecture organised by Sajag Nagrik Manch on the impact of amendments to MOFA, Sant said the government has failed to keep consumers at the centre of housing policy. He noted that MOFA earlier empowered authorities to take action against errant builders, but these provisions were later deleted despite objections from consumer groups.
Sant pointed out that residents of old buildings undergoing redevelopment cannot seek relief under RERA, even as new buyers in the same projects are eligible to approach the regulator. In cases involving cheating or fraud, he said consumers are left with limited options and must turn to consumer commissions or file complaints under the Bharatiya Nyaya Sanhita.
He also alleged that developers often delay handing over control of housing societies to retain benefits linked to Transferable Development Rights (TDR) and Floor Space Index (FSI), despite clear timelines laid down under MOFA and RERA. Calling for vigilance, Sant said informed citizens can directly approach consumer commissions without engaging lawyers.
