why has Microsoft stolen my Xbox 1?

i sent my xbox in for warranty repair a month an a half ago. the have refused to send it back through their actions while continuing to claim they sent it on the phone. if microsoft refuses to send my xbox back i want a full refund that i can use to purchase
either another xbox or a sony playstation. it has been a month and a half and the tracking number clearly says that it has not recieved the package, they have only gotten an electronic notification that microsoft would be sending it to fedex. why has microsoft
stolen my xbox and what is the number for microsoft's legal department so i can proceed to file criminal charges for theft and fraud?

:)