NATIONAL ASSOCIATION OF RELATORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) These petitions raise common issues qua the challenge to different provisions of the Haryana Regulation of Property Dealers and Consultants Act, 2008 (in short 'the Act') and the Rules framed thereunder in 2009 as also the constitutional validity thereof. We have had the benefit of submissions of learned senior counsel for the petitioners and learned Advocate General on two different dates of hearing.

(2.) In our view, there can be no doubt about the laudatory object with which the Act and Rules were sought to be brought into force. However, it does appear to us that some aspects may have escaped attention while acting in pursuance to this object apart from the constitution challenge laid. It has been pointed out to us that though, the object and reasons specify the purpose of this Act to promote standards of conduct and competence of person engaged in property dealing and to protect the interest of those persons using the services of property dealers, even the basic qualification required to carry on the business has not been specified. Not only that, a cap is sought to be put on fee recovered for the services rendered. It has been rightly pointed out that the level of service may vary from person to person and there are organizations which are giving comprehensive services not necessarily restricted to locating the prospective seller/purchaser and these services cannot be rendered within the cap fixed and thus, it should be left to the two contracting parties to decide as to what should be charges for the service rendered keeping in mind the quality and nature of the service to be so rendered.

(3.) A third aspect is about the criminality of any inaction or noncompliance of the Rules under the Act. This is also in the context of the fact that there are certain provisions especially of the Rules which possibly can be fine tuned better or some of them which may be at variance with the provisions of the Act or may not have any relevance whatsoever to the objective sought to be served.