Thanks for all the advice,
To the person who asked if the electrolyte was above the cells yes it was.
Anyway I took the batt to an interstate dealer and even though it was a week past the year purchase date, they exchanged it for a new battery so that worked out well!
The battery had one bad cell and the guy there thought it was defective because in the bad cell at the top of the opening there was a big piece of plastic attached to the cell hole opening - something he said he never saw before. It looked like the battery case itself did not come out of the mold OK so maybe that is why it may have caused problems with the lead plates.