This happens, if you start the CS with false set shortcut.
Let's say, you Oblivion is in
C:\myOblivion\
Just open the properties of the shortcut and set the path.
First you have the target:
"C:\myOblivion\TESConstructionSet.exe"
Under that, you see another field. The content is the directory in which the target should run and this must be(for this example)
"C:\myOblivion\"
Of course, if you use another path just replace them. If the path isn't set or isn't set correct, you get the error you posted.
If this doesn't help, try to start the CS out of the directory. If you can't do that you should reinstall the CS, I think.
And, as Lady Nerevar said:
Don't double-click on an esp to open it. This normally doesn't work correctly.
And for the ini: It should be created automatically, if you start the CS. Perhaps you have to start it without these problems you posted.
You don't get the errors because of the missing ini. I tried it. The CS starts normally and creates a new ini.
So it depends on how you try to open the CS(or a bad installation).