NO FOOD RECEIVED, DRIVER ALLOCATED A TIP TO HIMSELF AND NOT ELIGABLE FOR REFUND

I placed a order on Uber eats and the driver went to the incorrect address after 8-10 minutes of up and down messaging and calling the driver he decides he is done and marks the order as delivered and ALSO ALLOCATES A TIP TO HIMSELF and switches his phone off. I immediately logged a call to which I received a response form Uber that the refund has already been processed and I should wait a few business days. Today I follow up because its 5 days later and now, a new agent says this order is not eligible for refund because the driver got in contact with you, excuse me, so I pay for food I didn't get, I wasted airtime up and down calling and messaging your driver he allocates a tip to himself, which is ******* and *********. And now I have to deal with a customer service agent who keeps saying not eligible for refund no response required and closes the case every time.