While it's okay to vent, you need to let Toshiba know if there's a problem with what you received. And you may want to exercise a little bit of restraint when you call. There's no need accusing them of fraud without concrete proof & I seriously doubt they would try to defraud you intentionally.
As far as the recovery partition not being there, you could be right, but chances are, you might not be accessing the utility correctly. If you tell us what you did, we might be able to better assist you find what you are looking for.
Windows 7 News!