My consultancy is not returning my H1b fee.

So I have paid my consultancy h1b filing fee around $3500 and im not selected in the selection process .

There is no written record or email that consultancy will return my filing fee. although they only mentioned in phone.

They said if petition is not selected, then they will file for next year for free without refund.

But since this year im not picked , I dont want my petition to be filed for next year, so I asked for refund of the fee.

But they did not reply to any of my emails asking for refund.

My question is can I go with legal proceedings to get the fee back ?

Should I warn the consultancy about legal proceedings for refund?

(Im also not sure that if my h1b is actually filed or not, bcoz ther is no way to know that)