Based on the second picture, it looks like the top piece is/was being held down somewhat by tape and that there is a bolt or something that is supposed to hold it closer to the rest of the door. As a result, the top piece blocks proper closure.
Unfortunately, looking at a current model, and then looking up the part #, the online parts diagrams I have found show very few replaceable parts for the freezer door. The possible good news is that at least the current model is the same as a Whirlpool and a Maytag refrigerator, so parts - once you know what to get - should be very easy to find.
The doors on this model (again, the current model, yours may be a previous model but looks similar) are reversible. That is done by removing the doors, moving the handle (on the refrigerator part - the freezer handle is horizontal and centered so it doesn't need to be moved) and attaching to the other side. A key is that the top and bottom corners of the doors can either hold cover plates/bolts of some sort (of which one is missing) or hinge pins.
One definite possibility is:
- Refrigerator shipped with hinges on right side (when facing the front of the refrigerator), which matches pictures I see online for the current model.
- At installation time, the doors were reversed.
- A part was either not installed securely when moved on the top of the freezer door or was not installed at all.
- Tape to hold...but doesn't work well.
The "Use and Care Manual" at least on the current model, has some information on reversing the doors that should be useful. Not 100% clear but may be enough to figure out the missing piece. But again, that manual is specific to the particular model, so need the model # first.