Request assistance about this *****

Good day, I am experiencing a problem with mtn. In 2017 there was a ********** upgrade on my contract, I contacted mtn in July 2018. The response I received this morning was I won't be refunded because I have been using the sim card data. The amount that I have been paying since the ***** upgrade it includes the device that I have never received. So I have been paying the phone which is not in my possession ,the sim card I have is from the first contract that is why I was able to utilize it even though at some point I could not use, when I enquired about I was told its active.