It is noticed that a person in Maharashtra has to shell out (pay) 10 times more for the non-judicial Stamp-Paper for the simplest of Affidavits, than the amount paid by those who execute a similar document in Delhi, U.P. etc. To make matters worse, some of the Notaries in Maharashtra charge exhorbitantly excessive Fees for the attestation of such simple Affidavits even when these are to be submitted to local Authorities within the State of Maharashtra. Moreso, despite titling the Affidavit ‘To Whomsoever It May Concern‘, these Notaries wrongfully insist upon your executing another Affidavit if you have to submit a similar Affidavit to another Authority in Maharashtra — they do so by clandestinely inserting into your Affidavit, the particulars of Authority to which the Affidavit is to be submitted.
In such cases, the Consumer of the services of the Notary Public has a legal right to complain against such errant public official. To help you draft a complaint in accordance with the facts of your own case, a copy of a true Complaint is given hereunder (particulars of the Complainant have, however, been omitted from this modal complaint) please.
1) Hon’ble Minister for Law & Justice
Ministry of Law, Shastri Bhawan
2) Shri Satish Chandra
Joint Secretary and Legal Adviser
Ministry of Law and Justice
(Department of Legal Affairs — Notary Cell)
Shastri Bhawan, New Delhi-110001.
3) Police Station Officer, Haveli, Pune (Rural).
SUB: Complaint against Ms. Anjali Pradip Joshi, Advocate who was appointed as Notary Public by the Ministry of Law (Government of India) vide “Registration No.3648” (Regd. Address: A1/14 Sundervan Residency, Manik Bungalow, Pune, Maharashtra) and having her Office at Om Ganesh Market, Sinhgad Road, Vadgaon Budruk, Pune-411041 (Mobile No.: 0-9225507033) for (i) exorbitantly charging Rs.150.00 for a simple Affidavit (in gross violation of the Notaries Rules which prescribe a Fees of only Rs.15); (ii) in violation of Rule 11 (9) of the Notaries Rules, refusing to give any Receipt for the aforesaid Fees; and (iii) as a public official falsifying official records (viz. the Register on the basis of which Returns are to be filed annually u/r 13 (14) of the Notaries Rules — by entering an Amount much less than the Fees actually and illegally charged and, thereby, committing cognisable criminal offences u/ss 193, 199, 218-219 of the Indian Penal Code.
(The above amount includes Rs.20.00 towards typing merely 2 half-pages of affidavit that was drafted by me, and Rs.25.00 for the Notaries’ Stamps – that is to say, she charged Rs.130.00 as Notary-Fees instead of Rs.15.00).
1) Your goodself is not only the Law Minister but also a Parliamentarian and, hence, will certainly be pained by the gross violation of the Notaries Act passed by the Parliament and the Notaries Rules issued by your own Ministry – I am … (give here your designation, occupation etc) please.
2) Even after having shown my Identity Card [issued by ... (write here the particulars of the issuing Authority)] the above-mentioned Notary Public charged me Rs.150.00 just for attesting a simple Affidavit (viz. ‘education-gap’ certificate that is required for admission to educational Institutes in Maharashtra).
3) I shall be grateful if your goodself would kindly cancel her appointment as a Notary Public, and also direct her to refund to me the excessively overcharged Amount. Kindly instruct her to send the D.D. for the excess Amount to:-
… (write here your Name and mailing Address)
Police Station Officer, Haveli Police Station, Pune (Rural):
Please register an FIR against the above-mentioned Notary Public — under the Law laid down by the Supreme Court in Aleque Padamsee and Ors. Vs. Union of India and Ors (Judgment dated 18.07.2007). Letter dated 28.03.2012 by Maval Police Station (Vadgaon) refers.