Is it legal for the real estate agent to keep the commission despite cancellation of the project?

Hi,

I bought a property off-plan last year. The developer went bankrupt and the project was recently cancelled by RERA. We were refunded the deposit we paid.

The estate agent that we used to purchase the place took commission (brokerage fee) of 40 000 dhs. They are now refusing to refund us, even though the project is cancelled.

We never received an SPA or the house. The contract between us and the agency states end date is until transfer, that never happened. Is this legal?