Ubereats refusing for an order that was not received

I ordered a meal from debonnairs yesterday. The driver never came into our complex to deliver my meal. He just parked outside and waited for the time to lapse and then marked my order as delivered when it was not. I tries calling the driver and he would not answer. I tries texting him and he just ignored my messages. I then contacted uber to request a refund and they are refusing to issue a refund to me saying their driver followed policy. How did their driver follow policy?