MOFA Amendments Undermine Consumer Protection, Favor 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.

The Maharashtra Ownership Flats Act (MOFA) was initially designed to protect the rights of flat buyers and ensure fair practices in the real estate sector. However, recent amendments have stripped away key provisions that held builders accountable for their actions. This has left consumers vulnerable and has shifted the power dynamic in favor of developers, according to Sant.

Consumer groups have been vocal about their concerns, urging the government to reconsider the amendments and reintroduce stronger consumer protection measures. The lack of stringent penalties under RERA has further exacerbated the situation, making it difficult for consumers to seek justice in cases of builder misconduct.

In the current landscape, consumers are advised to be proactive and informed. Understanding the legal framework, staying updated on regulatory changes, and knowing their rights are crucial steps in navigating the complexities of the real estate market. Advocate Gyanraj Sant emphasized the importance of consumer education and the need for a more balanced and consumer-centric approach in housing policy.

The real estate sector in Pune, like in many other parts of Maharashtra, has seen significant growth over the years. However, this growth has not always been accompanied by adequate consumer protection measures. The amendments to MOFA and the shortcomings in RERA have highlighted the need for a more robust regulatory framework that ensures fair practices and protects the interests of homebuyers.

As the debate continues, it is clear that the voices of consumer advocates like Gyanraj Sant are essential in driving the conversation towards a more equitable and transparent real estate market.