uber driver named Johnson Jumbo ran away with my food

I ordered food in the morning, tracked the order, I saw on the app that the driver was nearby I went outside to prepare to meet him on time, when I got outside the scooter was there but the driver was not there. I immediately made contact and asked the driver where he was and he responded saying outside I walked to the scooter and only then he appeared on foot. I told him and collecting an order and he said he does not have my order the restaurant made a mistake, while he was fiddling on his phone waiting there with me I got a robot call from Uber eats saying my driver is trying to reach me with no luck. He then asked me if he could please go back to the restaurant he will be back in 5 minutes, I asked him why he came all the way with no order he was mumbling and did not give me a straight answer, I let him go and told him to please come back after 5 minutes he drove away and after 5 minutes my app said my order was completed, I immediately pressed help button on the app and the response was that I do not qualify for a refund as my driver waited for me for 8 minutes and I did not come to fetch my order. regardless of endless messages on the app I was told that I do not qualify for a refund. I then drove to the restaurant to check what had happened I found that my order had been picked up and the restaurant said there is nothing they can do on their side. I ordered at the restaurant and paid again. To this day uber has not refunded me the only communication was that on their side I am at fault and their policies do not qualify me to get a refund