False advertising and refund issues

I bought a smart tv on the 1st of November from takealot. When i took delivery of the tv i found it not to be a smart tv. I kogged a return and on the 5th the tv was returned. I received an email from takelot claiming that i opened the tv. I assured them that i did not open the tv and after various calls and frustration they made an exception to refund the tv. Today is the 21st of November and evrryday that i call to find out when i will be refunded i hear different stories from the representatives. When i called on Monday they said to me the refund will be concluded on the same day. I called the Tuesday again and was assured it will be paid same day. Today is Wednesday and when i called them today they said there is no return logged. They have both the tv and my money in their possession and it seems my refund will become ghost monies. I want to open a case of theft against takelot for not refunding me. It seems they are just taking me for a fool everyday that i have to call to get different stories as to why my refund is not yet processed.