Verdict in the air conditioner case where noise was alleged! Court ordered removal despite expert report
The air conditioner lawsuit filed by İlhan Böke against his neighbor in Ataköy, Istanbul, has been concluded. Despite an expert examination finding no noise coming from the air conditioner, the court ordered its removal. Pharmacist Yiğit Gümrü rebelled against the decision, stating, “The person who sued me also has an air conditioner in their home. Judges and prosecutors living in the area also have air conditioners in their homes.”
Müslim Sarıyar
Müslim SARIYAR/12punto.com.tr
Bakırköy 14th Civil Court of First Instance has reached a verdict in the air conditioner lawsuit filed by İlhan Böke against his neighbor, Pharmacist Yiğit Gümrü. Böke had filed a 'prevention of interference' lawsuit because he was disturbed by the noise coming from the air conditioner in the home of Gümrü, his downstairs neighbor in the same residential complex in Ataköy.
Claiming that the noise from the air conditioner motor, which corresponds to his bedroom, had become 'unbearable like Chinese water torture, forcing him to sleep in the living room,' İlhan Böke demanded the removal of the air conditioner. The court concluded the lawsuit filed by Böke and ordered the removal of the air conditioner.
WE DEMAND THE INSTALLATION OF A SILENT MOTOR
The complaint petition prepared by İlhan Böke's lawyer, Abdulvahap Dağ, included the following statements:
“The client notified the management. The management warned Yiğit Gümrü that the connection was installed incorrectly and that it should be corrected for this reason, but no results were obtained from this either. Yiğit Gümrü replied by saying, 'If you are bothered, you change my air conditioner.' Seeking no solution to this situation, Yiğit Gümrü gave a negative response to our reconciliation attempts and expected the apartment residents to accept this situation. Upon this, a final warning was sent to him through the Bakırköy 3rd Notary Public to end the disturbance, but Yiğit Gümrü did not end the current situation. We demand that these behaviors of Yiğit Gümrü, who does not comply with the management plan and decisions and exhibits behaviors contrary to neighborhood law, be ended, and that the air conditioner motor be removed and replaced with a silent motor.”
EXPERT EXAMINED
An expert examined whether the air conditioner motor in Gümrü's home produced noise on July 14, 2021. The report sent to the court included the following statements:
“In the maintenance and examination performed on the maintenance and noise control of the wall-type split air conditioner, it was determined that the operating noise level was at factory settings and that its installation was carried out by the authorized factory service in accordance with installation procedure standards. It was determined that the operating noise measurements were in the range of 43 and 47 decibels. It was determined that it is in TSE standards and is not a defective product.”
“I WILL NOT GIVE YOU PEACE”
Pharmacist Yiğit Gümrü filed a 'threat' lawsuit with the Bakırköy Chief Public Prosecutor's Office, claiming that Böke told him, ‘As long as you keep that air conditioner on, I will not give you peace.’
(Yiğit Gümrü)
In his defense regarding the criminal complaint filed against him, Böke admitted to using the phrase ‘I will not give you peace.’
The Bakırköy 14th Civil Court of First Instance concluded the case, which had been ongoing for three years. Partially accepting İlhan Böke's lawsuit, it ruled that Yiğit Gümrü's air conditioner, located in a common area, should be removed, the interference prevented, and the area restored to its original state on the grounds that it was contrary to the architectural project and the management plan.
The court gave Yiğit Gümrü 1 business day to restore the area to its original state.