Q: I read with interest your reply to my query in your column dated December 22, 2025, regarding the proposed amendments to MOFA and their consequences. From your reply, I understand that for real estate projects registered with MahaRERA, criminal provisions under Sections 13(1), (2) and (3) of MOFA will no longer apply. Further, since the amendment is proposed to have retrospective effect from May 1, 2016, even past offences committed by promoters of MahaRERA-registered projects would get immunity. This is shocking for common homebuyers. How can offences already committed under MOFA be granted immunity? Can such retrospectivity be challenged in court? Will this not encourage unscrupulous builders to exploit homebuyers without fear of punishment? How can consumers oppose this Bill, and will Mumbai Grahak Panchayat challenge it in court? – Ninad Sule, Santacruz (West)
It is correct that if the MOFA Amendment Bill, 2025 receives the governor’s assent, criminal provisions under Sections 13(1), (2) and (3) of MOFA will not apply to MahaRERA-registered projects. It is also true that due to the proposed retrospective effect from May 1, 2016, past offences by such promoters would get immunity, which is unconscionable. The bill is highly objectionable on moral and legal grounds.
Your concern that this immunity would encourage unscrupulous builders is well founded. While legislatures do have the power to enact laws with retrospective effect, courts examine whether such retrospectivity serves public interest. If it is shown to be driven by ulterior motives, mala fide intent, or contrary to the objective of the parent Act, constitutional courts can strike it down. Even otherwise, this amendment is unlikely to withstand legal scrutiny.
It is discriminatory, violates the right to equality, and unfairly penalises small promoters while exempting MahaRERA-registered ones from criminal liability. It is also contrary to public interest, public policy and the very objective of MOFA, which is to curb malpractices and protect homebuyers. Common consumers need to raise their voice and protest, too. Since the bill is now awaiting the governor’s assent, consumers can send emails in large numbers to the governor requesting him to decline giving his assent to this controversial MOFA Amendment Bill and to return the bill to the legislature for its reconsideration.
Emails may be sent to: (1) secy.rbmh@nic.in (2) ps1.rbmh@nic.in. I hope consumers will send such emails to the governor in large numbers. The bill can be challenged only after the governor’s assent. If the governor ignores our objections and sentiments of homebuyers and gives his assent to this bill, then Mumbai Grahak Panchayat will be compelled to challenge it in court.
(Advocate Shirish V Deshpande is chairman, Mumbai Grahak Panchayat. Queries can be sent to him on email: shirish50@yahoo.com)
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