Is this theft?

So I return an expensive item to Takealot because a non vital part is damaged. They regret my return as neglect and then don't return the item to me! Is it their right to keep my item? I have been emailing them for the past 3 weeks just trying to get the item I paid for back! I think they have misplaced my item! And I am now getting no response, I am thinking of opening a case of theft against the..