xfinity vs fedex lost/stolen iphone

I ordered Xfinity mobile iPhone se as a part of a new customer deal with Xfinity internet. They shipped it via FedEx, but I never received my devices. FedEx delivery guy did a fraud as he/she used my name as a digital signature in proof of delivery document. Now, after constantly asking for help for more than 2weeks, every single xfinity agent is giving me different responses. Now, they said I have to file a police complaint and send them a copy in an email. Then only they will do anything. On the other hand, FedEx already finished their investigation and confirm that their driver never made a delivery and it is lost. FedEx will pay Xfinity but Xfinity will have to file a claim.  Now, as a customer, I already lost the deal, not able to use the phone which I need obviously, and being charged a $30 monthly service fee. Xfinity won't even compensate or refund me! I don't understand why Xfinity does not want their customer to retain. Anyhow, does anybody knows what should I do? Any help is highly appreciated.