You can't see the problem with that?
Method A: coins locked forever without consensus
False transaction by buyer - buyer loses/gains nothing, seller loses coins
False transaction by seller - buyer loses coins, seller loses/gains nothing
Method B: coins returned to sender without consensus
False transaction by buyer - buyer gains product & coins, seller loses coins
False transaction by seller - buyer loses coins, seller loses/gains nothing
In the current method neither party GAINS anything by faking the transaction. Yes they can make someone else lose but they don't gain. In a coins return to buyer method the fake buyer can always win. You create a game theory scenario where the proper way to play the game is not complete transactions as a buyer.
So untrusted buyers won't be trusted to use the escrow and thus make the escrow worthless.