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I think you can use Consumer Guarantee Act 1993, section 31 to refuse to pay extra price.
Section 31 Guarantee as to price
• (1) Subject to section 41, where services are supplied to a consumer there is a guarantee that the consumer is not liable to pay to the supplier more than a reasonable price for the service in any case where the price for the service is not—
o (a) determined by the contract; nor
o (b) left to be determined in a manner agreed by the contract; nor
o (c) left to be determined by the course of dealing between the parties.
(2) Where there is a failure to comply with the guarantee in this section, the consumer's right of redress is to refuse to pay more than a reasonable price.
(3) Nothing in this Part confers any other right of redress.
For your case,
(1) there is no written contract between the guy and you, even there is no verbal contract as you are not aware he provided service. Therefore section 31 (1) (a) and (b) will apply.
(2) There's no price discussion between the guy and you at the time he changed battery(nor price left to be determined by the course of dealing between the parties), therefore section 31 (1) (c) will apply.
So you can pay him a reasonable price, say, $60 service fees plus $16 material, total $76.
I suggest you write to him by quote the reference of Consumer Guarantee Act 1993, section 31 to protect your own rights. |
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