Uber eats driver *****ing customer food and ubereats refusing to refund

I placed an order at Nando's Jabulani Mall. The meal cost R275. The driver did not deliver the food. The driver took a picture of the food on the floor (a pavement that I don't even recognize) and left with the food. He did not send me a text or call me to alert that he has arrived. Ubereats is refusing to refund me However the driver did not follow protocol. This is the new **** that drivers are using to ***** the customers food.