Loss based TCP congestion control has been shown to not perform well in environments were there is non-congestion related packet losses. Delay based TCP congestion control algorithms provide a low latency connection with no congestion related packet losses, and have the potential for being tolerant to non-congestion related losses. Unfortunately, delay based TCP does not compete well with loss based TCP, currently limiting its deployment. We propose a delay based algorithm which extends work by Budzisz et al. to provide tolerance to non-congestion related losses, and better coexistence with loss based TCP in lightly multiplexed environments. We demonstrate that our algorithm improves the throughput when there are 1% packet losses by about 150%, and gives more than 50% improvement in the ability to share capacity with NewReno in lightly multiplexed environments.