Yes, if they haven't received a product of some kind. Hence why they're the ones getting refunds (assuming they didn't play the game).
I agree with the rest of your post - it's our choice, though it's not our right - devs are free to make the games they like (more or less). It's our right not to buy them though! (And even, to be able to express our opinion of what we like - though the venue for such an expression is not unlimited)